Urgent - Laid off while on EAD and I-485 pending, PD not current


Jaygopal

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Hi,

 

Here is my situation.

 

My I 485 pending, have my EAD, got laid off.

 

What is my status?

 

Can I look for another job as my 485 is pending (filed in Oct 2013) with EAD and PD not current?

 

How long I have time to join another job?

 

Will the new employer agree for AC21 since 485 is not pending for 180 days? Can a new employer allow to work just with EAD and no AC21?

 

Please provide all options.

 

Thank you.

 

 

 

 

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You can use the EAD to change jobs. Once 6 months have passed after AOS filing you can take up a similar job with any employer. It needs to be "permanent" and vaguely similar to the GC job. Employers cannot refuse to hire you just because you have an EAD. The only role for the Employer is to provide a EVL or suitable job letter. AC21 is your remit. As long as you can get a similar job by the time you get a RFE if at all you should be fine. Snap to it and do not assume Lawyers cannot help. Keep a Lawyer on board till you get the GC.

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Pontevecchio,

 

Thanks, appreciate your reply.

 

Can you please tell what 'the Employer is to provide a EVL' means?

 

AC21 is your remit - Please confirm are you saying that AC21 is my option.

 

Should I file for H1-B transfer as so far I have been on H1-B transfer without any gap in employment.

 

I'd really appreciate your inputs.

 

Thanks & Regards.

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