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varun813

EAD Sponsoring Employer

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Hello Forumites, 

 

I have couple of questions for you in regards to EAD with sponsoring employer. 

 

1. Can I work for another employer/self employment and still keep the EAD with my sponsoring employer

  • Do not want to do a job change or port it out...just don't want to add more complexity with few more applications.

2. Can I have the EAD with sponsoring employer without working and no payroll for any period of time. 

  • Will it pose any issues with my EAD renewals in future or on I-485 approval decision. 

 

I understand that as long as I have a valid job offer at the time of GC, I should be good...but confirming with the experts here that I interpreted it correctly. 

 

So, if my Sponsoring employer is willing to provide a job offer letter at the time of GC or I-485 approval, is that all needed. 

 

Please help me out if I missed anything or any other additional information. 

 

Thank you!!!

 

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I'm not a lawyer but answering this from my experience

 

1. Can I work for another employer/self employment and still keep the EAD with my sponsoring employer

You can work for another employer on the same EAD as long as your job description and duties remain the same. Self employment would be risky, you might not want to validate your own employment if there is an RFE

 

2. Can I have the EAD with sponsoring employer without working and no payroll for any period of time. 

If you dont have a work visa and are only working on EAD and you choose not to work, you would be considered out of status. If you are unable to work due to sickness or ailment, get a doctor's letter and apply for leave at your employer. How are you planning to validate your employment without payroll?

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1. EAD is a benefit of your pending AOS and is not connected to your current employer. On EAD you can work for anyone or not as long as you will be able to provide an EVL if asked by the USCIS.

2. During pending AOS you will not be considered out of status if you do not work subject to 1.

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1. EAD is a benefit of your pending AOS and is not connected to your current employer. On EAD you can work for anyone or not as long as you will be able to provide an EVL if asked by the USCIS.

2. During pending AOS you will not be considered out of status if you do not work subject to 1.

Thank you Ponte for your insights and confirmation. Is there a link or document which any of the law firms posted on options with EAD. 

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The American Competitiveness in the 21st Century Act (AC21) permits an individual to seek new employment when the following conditions are met:

 

(a) New employment must be the "same or similar" occupational classification
(b) I-140 has been approved I-485 has been pending for at least 180 days

 

Check out Question #2 on this link for how same or similar occupational classification is determined: http://www.uscis.gov/news/questions-and-answers/questions-about-same-or-similar-occupational-classifications-under-american-competitiveness-twenty-first-century-act-2000-ac21
 

You cannot do anything you want to do on EAD, you have to wait for greencard for that. If you are employed by a not so well known company, there is a very good chance that you will receive RFE before greencard as was the case with me and most of my coworkers

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The American Competitiveness in the 21st Century Act (AC21) permits an individual to seek new employment when the following conditions are met:

 

(a) New employment must be the "same or similar" occupational classification

(b) I-140 has been approved I-485 has been pending for at least 180 days

 

Check out Question #2 on this link for how same or similar occupational classification is determined: http://www.uscis.gov/news/questions-and-answers/questions-about-same-or-similar-occupational-classifications-under-american-competitiveness-twenty-first-century-act-2000-ac21

 

You cannot do anything you want to do on EAD, you have to wait for greencard for that. If you are employed by a not so well known company, there is a very good chance that you will receive RFE before greencard as was the case with me and most of my coworkers

Thank you arlingt, I was thinking more in the lines of self-employment/working for my own company.

 

Also, during my research, I found that I can stay without working on EAD and it is not considered as out of status...unlike H-1B. Only requirement is that I should have a good faith offer from a financially sustainable company at the time of GC(PD) processing. 

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On the contrary you can work for anyone or not in any field including burger flipping or your company with an EAD. An EAD in plain English is UNRESTRICTED WORK AUTHORIZATION. Your stay is authorized on the basis of the pending AOS and has no connection to the EAD. You need to be able to provide proof if asked of the job offer from the GC sponsor or if 180 days have passed post AOS application you may choose to take up a similar job in any other company using AC21 provisions. Self employment may be possible. But you should discuss specifics with your lawyer before taking steps.

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