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Attorney_22

EADs

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This week, Murthy Law Firm attorneys will answer questions regarding EADs.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

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Hi,

I would like to know if in order to get H4 EAD, the H1B spouse has to be in H1B status for six years? Or just I-140 approval is sufficient for H4 EAD?

Thanks,

Nirmala

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Hello

I am currently residing in the USA and have applied for an EAD and AP renewal. It is possible that my application response might be delayed by USCIS and may come after the expiration of my current EAD/AP. I am aware that I cannot work unless I have a valid EAD and will be on leave without pay until the renewal comes through - what I would like to know is that does this affect my stay in the USA in anyway as long as I do not leave the country?

Appreciate a response and thanks in advance.

Kind Regards

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I got my EAD last year. Whomever I talk to recommends me to continue on my H1 despite having my EAD. What are the risks of shifting to EAD? Also, how can I make best use of EAD? I mean what privileges do I get which I didnt have with H1.

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I read on some other forums that the EAD renewals are now taking longer than 120 days.

I filed for my  EAD renewal in begining of Dec-2016, just about 120 days prior to my EAD expiry date. My current status is AOS Pending.

Q1) Are there procedures available to speed up the EAD renewal process as the EAD expiry date nears?

The EAD renewal application recommends filing for the renewal application 90 to 120 before the expiry.

Q2) Do you recommend filing for renewal earlier than 120 days? Would I get an early renewal if I had submitted my renewal application earlier than 120 days before expiry? Would applications be rejected if filed earlier?  

Q3) I hear that there are some new regulations that allow continuing to work for your employer past the EAD expiry date. Can you elabortate / clarify on such pertaining regulations?

 

Thanks,

Nilesh.

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Hi,

I am on Green Card EAD (I-485 pending) and want to switch my job. The current job has a SOC code of 15-1031 (based on old 2000 SOC system) and the new job has a SOC code of 15-1121 (based on new 2010 SOC System). Would the new job be considered as 'Same or Similar' for AC21 purposes?

Regards,

Sameer

 

 

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21 hours ago, nirmalaeee said:

Hi,

I would like to know if in order to get H4 EAD, the H1B spouse has to be in H1B status for six years? Or just I-140 approval is sufficient for H4 EAD?

Thanks,

Nirmala

I-140 approval is sufficient

p:s- not a legal advice

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Hi,

I am on H1B visa and I-485 pending. I have EAD/AP for last 4 years and renew is every 2 year before expiry. My question is can I start working on EAD instead of H1B. And can I do that for corporation (LLC) that I myself create/own that has only 1 employee and that is myself.

 

With H1B mostly you are working with large standard organizations. By moving on to EAD can I start work even for very small LLC companies? Does it impact me in my pending I-485 in any way?

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Hi,

I am on H4 EAD, but it is due for renewal in 2017 July, along with my husband's H1-B. I have two questions:

1. What is the renewal process?

2. Can I work while my EAD is being renewed?

 

Thanks,

Medha

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Hi,

I am on Green Card EAD (I-485 pending for more than 180 days) and want to switch my job. Would I need to file Supplement J immediately or it's not mandatory? (like AC 21 is not mandatory)

Regards,

Sameer

 

 

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On 1/19/2017 at 1:45 PM, nirmalaeee said:

Hi,

I would like to know if in order to get H4 EAD, the H1B spouse has to be in H1B status for six years? Or just I-140 approval is sufficient for H4 EAD?

Thanks,

Nirmala

If the principal H1B holder has an approved I-140, that is sufficient for an H4EAD. 

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On 1/19/2017 at 10:53 PM, contacttaz said:

Hello

I am currently residing in the USA and have applied for an EAD and AP renewal. It is possible that my application response might be delayed by USCIS and may come after the expiration of my current EAD/AP. I am aware that I cannot work unless I have a valid EAD and will be on leave without pay until the renewal comes through - what I would like to know is that does this affect my stay in the USA in anyway as long as I do not leave the country?

Appreciate a response and thanks in advance.

Kind Regards

I am assuming your EAD/AP are due to a pending I-485. It is the I-485 that puts you in a period of authorized stay and allows you to remain in the U.S. Therefore, even if your EAD extension is not approved prior to your current EAD expiration, you can remain in the U.S. 

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On 1/20/2017 at 6:15 AM, chandraonline said:

I got my EAD last year. Whomever I talk to recommends me to continue on my H1 despite having my EAD. What are the risks of shifting to EAD? Also, how can I make best use of EAD? I mean what privileges do I get which I didnt have with H1.

An EAD allows you to accept employment in the U.S. in any legal capacity you wish. However, whether to use the EAD or remain on H1B is a case specific discussion. Generally, if your EAD is based on a pending I-485, remaining on H1B gives you a safety net in case your I-485 is denied. However, there may be other considerations as well, and therefore, it may be best to speak with one of our attorneys directly over the phone. 

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On 1/20/2017 at 6:54 AM, nileshb71 said:

I read on some other forums that the EAD renewals are now taking longer than 120 days.

I filed for my  EAD renewal in begining of Dec-2016, just about 120 days prior to my EAD expiry date. My current status is AOS Pending.

Q1) Are there procedures available to speed up the EAD renewal process as the EAD expiry date nears?

The EAD renewal application recommends filing for the renewal application 90 to 120 before the expiry.

Q2) Do you recommend filing for renewal earlier than 120 days? Would I get an early renewal if I had submitted my renewal application earlier than 120 days before expiry? Would applications be rejected if filed earlier?  

Q3) I hear that there are some new regulations that allow continuing to work for your employer past the EAD expiry date. Can you elabortate / clarify on such pertaining regulations?

 

Thanks,

Nilesh.

After seventy-five days you can place a service request with USCIS. Additionally, you can make an expedite request if it appears the EAD will not be adjudicated in time. On January 17, 2017, a new rule went into effect that grants an automatic extension of EAD work authorization for 180 days past the expiration of an expiring EAD when the EAD is based on a pending I-485, and the extension application was filed on or after January 17, 2017.  

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On 1/20/2017 at 9:01 AM, samrkhurana said:

Hi,

I am on Green Card EAD (I-485 pending) and want to switch my job. The current job has a SOC code of 15-1031 (based on old 2000 SOC system) and the new job has a SOC code of 15-1121 (based on new 2010 SOC System). Would the new job be considered as 'Same or Similar' for AC21 purposes?

Regards,

Sameer

 

 

Generally, similar codes may be deemed same or similar. However, it is advisable to discuss the details of the position with your attorney prior to making a decision. 

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On 1/20/2017 at 11:31 AM, Ajay Sharma said:

Hi,

I am on H1B visa and I-485 pending. I have EAD/AP for last 4 years and renew is every 2 year before expiry. My question is can I start working on EAD instead of H1B. And can I do that for corporation (LLC) that I myself create/own that has only 1 employee and that is myself.

 

With H1B mostly you are working with large standard organizations. By moving on to EAD can I start work even for very small LLC companies? Does it impact me in my pending I-485 in any way?

The EAD allow you to work in any legal capacity you wish, including your own company. However, your question is more related to qualifying employment for AC21 purposes. Due to the complexity of the answer, it is advisable to give our office a call to speak about the related issues in detail.  

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On 1/20/2017 at 11:32 AM, Ajay Sharma said:

Hello,

Can I talk or ask questions to an attorney individually at Murthy Law Firm?

Absolutely, please give our office a call, send an email, or you can schedule using our chat option. 

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Hi,

I am on GC EAD and planning to switch my employer. Would I need to file Supplement  J as soon as I join the new job or can I do it if/when I get an RFE (generally close to GC)?

Thanks,

Sameer

 

 

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Hi,

My H4 EAD is valid till 2017 June; which is same as my husband's H1B visa expiration date. Is there a way I can apply for my EAD extension while my husband's visa is applied for extension. 

I am trying to understand if I can continue my job without a break due to EAD extension.

Thanks

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What is the difference between the new rule and previous rule of carrying/ using the priority date.

Even before/prior to January 17th 2017, we could use the priority date that was assigned on your first labour processing. How is different post January 17th 2017 rule.

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On 1/26/2017 at 2:01 PM, samrkhurana said:

Hi,

I am on GC EAD and planning to switch my employer. Would I need to file Supplement  J as soon as I join the new job or can I do it if/when I get an RFE (generally close to GC)?

Thanks,

Sameer

 

 

Filing Supplement J to port your immigrant job offer to a new employer is still voluntary unless requested in an RFE/NOID. 

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On 1/27/2017 at 1:29 PM, TSB said:

Hi,

My H4 EAD is valid till 2017 June; which is same as my husband's H1B visa expiration date. Is there a way I can apply for my EAD extension while my husband's visa is applied for extension. 

I am trying to understand if I can continue my job without a break due to EAD extension.

Thanks

You do not have work authorization during a gap in your EAD validity dates. Accordingly, the best approach is to file the I-765 as early as possible, which can be done concurrently with the H1B/H4 extension filing. 

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 if I have a approved I140 from Employer A, and spouse has a H4 EAD from I140 of employer A, after 180 days if I move to Employer B, and still have a valid I140 from employer A, can the H4 Ead for my spouse be renewed using the I140 of employer A, while I have my H1B with Employee B.. is this a valid option?

Or can we use the approved I797 of employer B, which has a validity till 2019, and get the H4 EAD extended till 2019.I140 is from Employer A. Employer B is yet to file for the Perm process, and the H4 EAD will expire in Oct 2017

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