pranitas Posted January 18, 2016 Report Share Posted January 18, 2016 Hi experts, I have a query related to EAD. My husband has a EAD but due to backlog we are not sure when his green card will arrive and there has been no notice from USCIS for any RFE or approval on 485. However, he already has another job offer who aren't willing to wait any longer than few more weeks for him to start. Due to family emergency and location constraints he needs to relocate ASAP. Is there a way that he can now change employers and continue to work in his current EAD or will he have to do an H1 transfer and start the whole process again? Please throw in some insights. Any expert opinion is highly appreciated. Thank you in advance. Link to comment
pontevecchio Posted January 19, 2016 Report Share Posted January 19, 2016 Who is the primary? On the basis of the EAD he can work for any employer. Link to comment
pranitas Posted January 19, 2016 Author Report Share Posted January 19, 2016 Thank you for the response. My husband is the primary applicant. The EAD approval date is 01/04/2016. The USCIS I-485 received date is of Oct 2nd 2015 and category is EB-2 rest of the world. Link to comment
pontevecchio Posted January 19, 2016 Report Share Posted January 19, 2016 The question may arise why he is not joining the GC sponsor ? Maybe discuss specifics with a Lawyer proactively before taking steps.? Link to comment
pranitas Posted January 20, 2016 Author Report Share Posted January 20, 2016 We will but was trying to understand if there is a mandatory period governed by USCIS in EAD or something like that before you are allowed to change employers. And also once you change employers will the new 485 need to be filed. Again, thank you for any inputs anyone has given here in the forum. It is highly appreciated. Link to comment
pontevecchio Posted January 21, 2016 Report Share Posted January 21, 2016 No mandatory period before changing employers. You should have specified that he will use AC21 provisions since his AOS is delayed beyond 180 days. Would that be the situation here? Link to comment
pranitas Posted January 21, 2016 Author Report Share Posted January 21, 2016 485 hasnt been pending 180 days yet..can he not file AC21 in that case? Link to comment
pontevecchio Posted January 22, 2016 Report Share Posted January 22, 2016 AC21 is a process and no forms are involved as such. When did he file his AOS? What is the situation with the GC sponsor? Link to comment
10451 Mill Run Circle, Suite 100
Recommended Posts
Archived
This topic is now archived and is closed to further replies.