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This week, Murthy Law Firm attorneys will answer questions related to working pursuant to EADs and travelling based on advance parole. 

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 am on L1A regular With PED and other details as below

petition expiry :- 12 Feb 2020

i94 expiry :- 12 feb 2020

spouse L2: - 12 Feb 2020

spouse’s i94 : 12 Feb 2020

spouse L2 EAD expiry :- 23 Nov 2021( received this expiry date on EAD since both of us i94 while his EAD extension was applied was 23rd Nov 2021)

 

now I am going along with my dependent spouse for. new L1A stamping from Canada rather than regular extension on 10th Jan.

my question is:-

Will the existing EAD be invalid once his passport get stamped with new L2, Does my Spouse need to apply for new EAD in this case.Is he still eligible to work since he is not going out of L2 status in this situation and holds EAD card which is valid till Nov 2021?


kindly help here.

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Hi 

I am currently pending for my EB1 GC (India) with priority date in Apr 2018 ,My GC interview Is completed in Dec 2018.I have an EAD / AP valid till 2021 Apr,Can I switch to a different employer now ? How difficult is it to file for a 485 J and is there a possibility of the 485 J being denied ? Will this move in anyway impact my GC approval ? 

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Is there a way to get EAD for L1A -  I140 approved cases? If so, when we could apply?

Scenario - Candidate is on L1A ,  I140 approved(April 2018) on EB1 category and in the first extension period now(4th year in the US).

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I have AOS - EAD and I485 pending from employer 1.  In parallel using EAD can I  work for employer 2?  In other words, have two jobs at the same time?

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Hello, 

I got my COS approved from H1b to H4 and got EAD card in Oct 2019. My H1B petition ended on Dec 26, 2019 (max out date). Can i continue to work with H4 EAD ?

If i visit my home country, i assume to get H4 visa stamped. I just want to make sure i'm legally authorize to work if i get an interview question on why i continue to work after H1b max out date. 

Thank you!

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On 1/2/2020 at 3:20 PM, SaritaAmbre said:

Hi 

I am on L1A regular With PED and other details as below

petition expiry :- 12 Feb 2020

i94 expiry :- 12 feb 2020

spouse L2: - 12 Feb 2020

spouse’s i94 : 12 Feb 2020

spouse L2 EAD expiry :- 23 Nov 2021( received this expiry date on EAD since both of us i94 while his EAD extension was applied was 23rd Nov 2021)

 

now I am going along with my dependent spouse for. new L1A stamping from Canada rather than regular extension on 10th Jan.

my question is:-

Will the existing EAD be invalid once his passport get stamped with new L2, Does my Spouse need to apply for new EAD in this case.Is he still eligible to work since he is not going out of L2 status in this situation and holds EAD card which is valid till Nov 2021?


kindly help here.

Generally, provided your spouse is in valid L2 status, the EAD should continue to remain valid for the duration stated. However, to discuss your situation in detail, it is advisable to call our office and speak with one of our attorneys. 

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On 1/2/2020 at 9:21 PM, arunpr32 said:

I have EAD based on pending I-485. If I switch jobs and join using EAD with same SOC code and job duties, is filing 485-J mandatory?

Filing an I-485J is not mandatory at this time unless specifically requested by USCIS. The basis of your work authorization, or the SOC code of the new position, does not change the requirement regarding I-485J Form filings.  

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On 1/3/2020 at 12:04 AM, PrasadDas said:

Hi 

I am currently pending for my EB1 GC (India) with priority date in Apr 2018 ,My GC interview Is completed in Dec 2018.I have an EAD / AP valid till 2021 Apr,Can I switch to a different employer now ? How difficult is it to file for a 485 J and is there a possibility of the 485 J being denied ? Will this move in anyway impact my GC approval ? 

Prior to making any changes to your employment, it is advisable to speak to an attorney knowledgeable in this area. Generally, if the I-485 has been pending 180 days and the new position qualifies for AC21 (i.e., substantially similar), then you can file the I-485J to inform USCIS of the change in job offers. USCIS will adjudicate the I-485J and can deny or approve the application. 

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On 1/3/2020 at 1:09 AM, ks karthik said:

Is there a way to get EAD for L1A -  I140 approved cases? If so, when we could apply?

Scenario - Candidate is on L1A ,  I140 approved(April 2018) on EB1 category and in the first extension period now(4th year in the US).

The above details alone will not be a basis for an EAD. Typically, this scenario will require the priority date to be current or eligible for filing and the EAD request will be submitted with the adjustment of status application. 

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On 1/3/2020 at 10:46 AM, skk_2020 said:

I have AOS - EAD and I485 pending from employer 1.  In parallel using EAD can I  work for employer 2?  In other words, have two jobs at the same time?

Yes, the EAD allows you to work in any legal capacity you wish, including more than one job. 

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On 1/3/2020 at 1:32 PM, Sree001 said:

Hello, 

I got my COS approved from H1b to H4 and got EAD card in Oct 2019. My H1B petition ended on Dec 26, 2019 (max out date). Can i continue to work with H4 EAD ?

If i visit my home country, i assume to get H4 visa stamped. I just want to make sure i'm legally authorize to work if i get an interview question on why i continue to work after H1b max out date. 

Thank you!

If a COS was approved in October 2019 to H4 and you received your H4EAD at that time as well, the H4EAD must have been your work authorization unless you took action to remain in H1B status after the COS to H4 was approved. 

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