Laid Off and options for EAD/AC 21

[sarkar]

I need some information and what my options are for my situation, I am in process of talking with an attorney but wanted some insight.

I am currently on a H1B which is valid through this year and also have my EAD/AP filed which is valid through Feb 2015.

I got laid off recently and would most likely use the EAD route as soon as I find a prospective employer.

My question is, for one to be on EAD, they would need to have an active employment. If the USCIS notices a gap between my employment dates, can they query and ask for any pay stubs, etc.

Thanks

[Belle]

There is no obligation to work on EAD, and there is no obligation to work while I-485 is pending for the petition to be in good standing. You can take a break until your I-485 is approved.

[sarkar]

Thanks Belle.

I just consulted an attorney also and all he said is,to be on EAD you need to have active employment so that if a rfe comes along, you have proof of active employment.

IF the new job duties are similar to the PERM labor application, do I still need to file for AC 21 or not.

Thanks

[Belle]

Talk to a different lawyer. Yours seems to be truly bad. First, there is really no such thing as "being on EAD". EAD does not not provide any status, and using it (vs not working at all) would not change anything. Second, no "active" employment is needed. You need to have a job offer to keep your I-485 going. There absolutely no obligation to be employed while I-485 is pending. You really need a lawyer that is not so full of it.

[sarkar]

Thanks Belle for the inputs.

[rajeshmandot]

All,

Here is my situation and need some help as I got laid off .....

Here is my current status - My I-140 is approved since last 5 years and am on AOS status:

1. I entered in US on 3rd Jan 2013 using my H1B visa.

2. My EAD expired in Aug 2012 and have applied for renewal in 1st week of feb'13. (unfortunately)

3. I have valid AP – that expires in April’ 13

Certainly I plan to file AC21 with some other employer...so that my GC process will continue ...

Questions:

1. So can I work starting next week with some other employer or have to do either H1B transfer or wait for EAD to be approved?

2. Can I continue to stay in this country or do I have to leave US and come back using my AP since I entered using H1B...

Appreciate your help..

Raj.

[itsmeusa]

There is no such thing as AC21 filing with another employer. AC21 gives you flexibility to join anothe employer to work in the similar job category. But there is no filing as such. You may not need to even send anything to USCIS.

1. Yes, H-1B transfer or approved EAD is needed for you to join another employer.

2. No, you can continue to stay as you are adjusting your status. As long as your I-485 is pending, you can stay in US. For working, you need EAD or H-1B.

Hope this helps.