Gaps in Employment on EAD

[migration]

Hello -

 

I have had my EAD for more than six months, and am considering taking a couple of months off work and then starting a new job. I understand you can be in status on an EAD even if you're not working, as long as you have a job similar to the previous one at the time that the case is being adjudicated. Are there any red flags to be aware of down the line if you take time off work? Is there a drawback to switching jobs more than once on an EAD?

 

Also, it seems there is no requirement to file the AC-21 letter with USCIS. Are there any drawbacks to not sending in the letter, if you were to get an RFE from USCIS?

 

Thank you. 

[pontevecchio]

You are in status awaiting AOS. On the EAD you may or may not work. You may work in any field or job with an EAD. AC21 rules would mean you can take up a similar job to the GC job if your AOS is pending 180 days plus. To inform or not inform the USCIS is dependent on your facts and your Lawyer.

[wznzu]

Migration,

 

My understanding is that you truly can't have any gaps in employment when you have filed for adjustment of status based on employment.  They can (doesn't mean they always will) question it when your file is getting processed.  Experienced members correct me if I am wrong. 

 

I would send a letter in for AC21 just to be on the safe side.  What's the harm..

 

wznzu

[Belle]

My understanding is that you truly can't have any gaps in employment when you have filed for adjustment of status based on employment.  They can (doesn't mean they always will) question it when your file is getting processed.  Experienced members correct me if I am wrong. 

 

Actually, no. With EB green card there is no obligation whatsoever to work before the green card is approved. You don't have to get EAD, you don't have to use it, you don't have to be on H1 or any other visa that allows employment.

[zak74]

You are in status awaiting AOS. On the EAD you may or may not work. You may work in any field or job with an EAD. AC21 rules would mean you can take up a similar job to the GC job if your AOS is pending 180 days plus. To inform or not inform the USCIS is dependent on your facts and your Lawyer.

 

Hi pontevecchio,

 

I'm not the original poster but I have similar question.

 

In your response you mentioned " You may work in any field or job with an EAD. AC21 rules would mean you can take up a similar job to the GC job if your AOS is pending 180 days plus." Isn't the first sentence contradicting the second? I mean you said "any field or job with EAD" but said "similar job to GC job" in the second sentence. I may not be understanding it correctly. But can you please clarify?

[pontevecchio]

You can work in any field on the basis of your EAD till the AOS is approved and the GC arrives. In this case you have to use AC21 if post 180 days after AOS has been applied for and take up and show a similar job if asked OR go back and work for the GC sponsor. Till the AOS is approved and the card issued ,you may flip burgers if you choose even if you have a PhD.

[migration]

Thanks so much, everyone, for your replies. Appreciate it.