EAD & I-485 Filing Through Previous Employer

[keshavp]

Hi Everyone. 

 

My Labor and I-140 are approved through Employer A (Previous Employer).

Currently I am with Employer B (Current Employer). New employer will start my green card only in 2016. My Priority date is current now.

 

I have good terms with my previous Employer (A) and he is willing to apply for EAD and I485.

 

Request your help to provide clarifications for the below questions.

 

1.  Can I apply for EAD and I-485 through my Previous Employer (A) while I am working for my Current Employer (B)?

 

2. Is there any rule that I need to be with the sponsor Employer (in this case Employer A) after I get my EAD?

 

3. Is there any rule that I need to be with the sponsor Employer (in this case Employer A) after I get my Green Card?

 

4. Upon doing some research in forums. I found that I can apply for I485 and EAD through my previous employer by submitting Employment Verification letter from my New Employer (B)  and a letter indicating the future employment from previous Employer (A). Is this true?

 

 

[JoeF]

The future employment has to be for real, i.e., you have to start working for employer A when the GC is approved.

[jairichi]

1. Yes.

2. No.

3. Yes, that is why a GC was filed by employer A. Otherwise it will be construed as immigration fraud for a job that existed only in paper.

4. Yes.

[karthikkv81]

I am in similar situation. My ex employer (company A) is flexible and willing to do my EAD, since I am in good terms with him. I don't mind joining him once I get my GC. But I am just exploring options here. My additional questions are below,

 

1. Once I get my EAD from company A, after 6 months using AC21 Portability clause, can I port it to Company B or another different company (Company C)?

 

2. If yes to the above question, Do I still need to join Company A after I get my GC?

[jairichi]

I am in similar situation. My ex employer (company A) is flexible and willing to do my EAD, since I am in good terms with him. I don't mind joining him once I get my GC. But I am just exploring options here. My additional questions are below,

 

1. Once I get my EAD from company A, after 6 months using AC21 Portability clause, can I port it to Company B or another different company (Company C)?

 

2. If yes to the above question, Do I still need to join Company A after I get my GC?

 

1. Yes

2. If GC is approved based on new employer's GC process there is no need to work for employer A after GC.

[karthikkv81]

Great. Thanks Jairichi. I really appreciate it.