Employer change and switch to EAD

[vevi44]

Hi All,

I have a question regarding EAD use. Appreciate any input\advise.

 

I  got my EAD (EB2) in mid of 2012 and I am extending and maintaining it since then. I have traveled out of country couple of times and used AP to enter without any issues.

 

I  switched to new Employer last year September. I have NOT notified USCIS as I read it is not mandatory. Some even say it can attract a RFE when my date become current. What would you suggest? Report the job change to USCIS? If so any form or format available for the same?

 

Soon after I left my previous employer they cancelled my H1B (was pending with USCIS for extension till 2017) which I was told they would when I was leaving so no surprise there. Does that automatically put me on EAD or do I need to update USCIS that I have switched to EAD?

 

Thanks

Vevi

[pontevecchio]

It is not mandatory. But since it is an important matter you should be proactive and discuss the situation with a Lawyer so that any RFE can be addressed promptly if it arises in future.

[pingpong]

I was in the same boat buddy. Every attorney has their own way of doing this. Some are proactive and ask you to file as soon as you accept a new position. Some wait and see for USCIS to send out an RFE. Attorney with my new employer asked me to wait for RFE from USCIS asking for any further documentation. My dates are current next month and all i got was an RFE for medicals. So you will never know.

[ven7782]

Hi All,

I have a question regarding EAD use. Appreciate any input\advise.

 

I  got my EAD (EB2) in mid of 2012 and I am extending and maintaining it since then. I have traveled out of country couple of times and used AP to enter without any issues.

 

I  switched to new Employer last year September. I have NOT notified USCIS as I read it is not mandatory. Some even say it can attract a RFE when my date become current. What would you suggest? Report the job change to USCIS? If so any form or format available for the same?

 

Soon after I left my previous employer they cancelled my H1B (was pending with USCIS for extension till 2017) which I was told they would when I was leaving so no surprise there. Does that automatically put me on EAD or do I need to update USCIS that I have switched to EAD?

 

Thanks

Vevi

You should file an AC21 for change of Employer. If you don't file AC21 the USCIS may inquire about your employment status with your previous employer when your PD becomes current. If they fail to respond or respond negatively the USCIS have full right to cancel your GC petition. Again USCIS may or may not inquire but why take chances?