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Deepshika

Recieved EAD and AP

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Hello Gurus.

My i-140 got approved. I had filed a green card under EB-1A category (Self Sponsor). I received my EAD and AP which is valid for 1 year. I am working under Company A and my Company A is not aware of my current situation. they might issue a problem thats why i am not comfortable sharing with them. My friend has a Company B and is offering me a job. Company B will be putting my EAD under their Company pay stub. 

Please suggest me with my following queries.

  • Can i switch from Company A to Company B while staying in united States.
  • Do i need a new H1-B to work for a company B or can i work in company B on basis of my EAD and AP only.
  • What paper work will be needed in future for renewing EAD and AP if i do not receive my Green Card before my EAD and AP expires.

Thank you.

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The EAD allows you to work anywhere.

Why would your current employer not be ok with that? Or are they paying you less than the prevailing wage?

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the EB1-A was filed by me and my current company is unaware of it. I am not comfortable sharing with my Company A as i think they might create any problems in my file.

Please suggest me with my following queries.

  • Can i switch from Company A to Company B while staying in united States just on basis of EAD. 
  • Do i need a new H1-B to work for a company B or can i work in company B on basis of my EAD and AP only.
  • After Receiving EAD is there a possibility of any denial in i-485.
  • if i renew my H1-b with my current company A, at the time of renewal will they come to know that i already have EAD in my hand.
  • What paper work will be needed in future for renewing EAD and AP if i do not receive my Green Card before my EAD and AP expires.

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"if i renew my H1-b with my current company A, at the time of renewal will they come to know that i already have EAD in my hand."

No, unless you tell them. Why is this such an issue for you? Why are you hiding your status and the Company B from the Company A? Company A cannot do anything to harm your AoS or EAD. Did you work illegally before receiving the EAD? Even so, it's very unlikely that Company A can "create problems" with CIS once you're on EAD. 

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Please Help.

Thank you for your help. I am so grateful to you for helping me.

My Company A had a policy of not filing green card for any of their employees, that's why i had not informed them when i had filed for myself as i had flied under EB1 - A (skilled worker) on my own. I have always worked legally in United States. My Company A will not be happy if i tell them about my EAD in hand and approved i - 140. I am on pending AOS status and  H1 - B from my company A. As my company A won't find out about my EAD in hand at the time of my H1 - B renewal i will stick with them as it will be better for my case if i am in same company until i get a decision on my i - 485.

Please suggest me few query regarding my wife below. She has a visitor visa and is coming to united states By August 25th on her B1/B2.

 
1. While my application is pending can i apply AOS for my wife ?
I think- She is in visitor visa and may object her or my application.
Your Suggestion - 
 
 
2. Can we file AOS (i-485), Employment Authorization Document (EAD) (I-765), Travel document (AP) (I-131) for my wife ? If yes, can we file all 3 together ?
I think - Not Sure.
Your Suggestion -

 

3. My wife's valid stay limitation on B1/ B2 is 6 months, that is from August 25th - February 25th. Once we apply for my wife's AOS after 90 days of her arrival date which will be November 25th. Do we need to file her extension on B1/ B2 if a decision is not made on her file by February 25th.

I think - No idea.

Your Suggestion - 

 
 
4. Can she stay legally in united states just on basis of filed AOS. if EAD and AP not received by February 25th ?
I think - No idea.
Your Suggestion - 
 
 
5. If needed to apply for my wife's extension then typically how much time in advance it should be done?
I think- 45 days before expiring 1-94 on B1/ B2.
Your Suggestion - 
 
 

 

 

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It still doesn't make sense.

Even if the company doesn't sponsor GCs, why do you think they would be "unhappy" if you got an EAD? All an employer has to care about is that the employees are authorized to work.

There is something you aren't telling us.

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There is only one thing which i can say about my company is that they are very insecure and they don't want any of their employee to get a green card or work with their competitors. Above mentioned is all correct info given by me. I really wish i could openly tell you about some weird company in United States. Never mind, My intentions are clear to get my GC smoothly and move on.

Please help and suggest me few query regarding my wife below. She has a visitor visa and is coming to united states By August 25th on her B1/B2.

 
1. While my application is pending can i apply AOS for my wife ?
I think- She is in visitor visa and may object her or my application.
Your Suggestion - 
 
 
2. Can we file AOS (i-485), Employment Authorization Document (EAD) (I-765), Travel document (AP) (I-131) for my wife ? If yes, can we file all 3 together ?
I think - Not Sure.
Your Suggestion -

 

3. My wife's valid stay limitation on B1/ B2 is 6 months, that is from August 25th - February 25th. Once we apply for my wife's AOS after 90 days of her arrival date which will be November 25th. Do we need to file her extension on B1/ B2 if a decision is not made on her file by February 25th.

I think - No idea.

Your Suggestion - 

 
 
4. Can she stay legally in united states just on basis of filed AOS. if EAD and AP not received by February 25th ?
I think - No idea.
Your Suggestion - 
 
 
5. If needed to apply for my wife's extension then typically how much time in advance it should be done?
I think- 45 days before expiring 1-94 on B1/ B2.
Your Suggestion - 

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Sigh. They can't do anything about you getting a GC outside of their company. Somebody could marry a US citizen and get a GC through his or her spouse.

Do they have any employees who are Permanent Residents or US citizens? It seems to me that they may not want people to leave the company, which is impossible to have. Even people on H1 can transfer to other companies.

And they for sure can't fire you for having an EAD or a GC. You have rights in this country...

Edited by JoeF

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Hello Guru,

Thank you so much. After  reading to you reply i am at relief. My situation is clear but can you please suggest regarding my wife so i can plan ahead of time.

Please help and suggest me few query regarding my wife below. She has a visitor visa and is coming to united states By August 25th on her B1/B2.

 
1. While my application is pending can i apply AOS for my wife ?
I think- She is in visitor visa and may object her or my application.
Your Suggestion - 
 
 
2. Can we file AOS (i-485), Employment Authorization Document (EAD) (I-765), Travel document (AP) (I-131) for my wife ? If yes, can we file all 3 together ?
I think - Not Sure.
Your Suggestion -

 

3. My wife's valid stay limitation on B1/ B2 is 6 months, that is from August 25th - February 25th. Once we apply for my wife's AOS after 90 days of her arrival date which will be November 25th. Do we need to file her extension on B1/ B2 if a decision is not made on her file by February 25th.

I think - No idea.

Your Suggestion - 

 
 
4. Can she stay legally in united states just on basis of filed AOS. if EAD and AP not received by February 25th ?
I think - No idea.
Your Suggestion - 
 
 
5. If needed to apply for my wife's extension then typically how much time in advance it should be done?
I think- 45 days before expiring 1-94 on B1/ B2.
Your Suggestion - 

 

 

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Hello gurus please help and suggest to my queries.

 

Please help and suggest me few query regarding my wife below. She has a visitor visa and is coming to united states By August 25th on her B1/B2.

 
1. While my application is pending can i apply AOS for my wife ?
I think- She is in visitor visa and may object her or my application.
Your Suggestion - 
 
 
2. Can we file AOS (i-485), Employment Authorization Document (EAD) (I-765), Travel document (AP) (I-131) for my wife ? If yes, can we file all 3 together ?
I think - Not Sure.
Your Suggestion -

 

3. My wife's valid stay limitation on B1/ B2 is 6 months, that is from August 25th - February 25th. Once we apply for my wife's AOS after 90 days of her arrival date which will be November 25th. Do we need to file her extension on B1/ B2 if a decision is not made on her file by February 25th.

I think - No idea.

Your Suggestion - 

 
 
4. Can she stay legally in united states just on basis of filed AOS. if EAD and AP not received by February 25th ?
I think - No idea.
Your Suggestion - 
 
 
5. If needed to apply for my wife's extension then typically how much time in advance it should be done?
I think- 45 days before expiring 1-94 on B1/ B2.
Your Suggestion - 

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A visitor can not enter with immigration intent. While there is the 90 day rule, it is somewhat of a rubber rule.

You need to discuss your situation with a good immigration lawyer. I have friends in somewhat similar situations (spouses of US citizens) who got denials, and then had to spend a lot of money to lawyers to overturn the denials.

Edited by JoeF

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14 hours ago, Deepshika said:

can you please give me the number where i can call and discuss my whole situation.

Thank you so much.

You are on a immigration attorney's website. Get the number from the site and give them a call to discuss.

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