EAD

EAD-AC21-Self Porting

I have EAD/Pending AOS. I ported to employer B based on AC21 in 2008. Now i am considering a great opportunity: -Joining S corporation in Florida _I will receive similar hourly rate as prior employer -similar job -i will receive 40% of profits on top of salary -the new corporation will be my fututre full time job Does the new corporation have to be huge with lot of finances for me to use the AC21? I have valid EAD can I join as a partner in the S corporation in Florida? Any thoughts things i,ve to carefull with?

Very little is clear about self-porting. Read the Yates Memo of May 2005. It seems you should be fine as long as the jobs are same or similar, but like I said, not much is known about this issue.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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L2 EAD Renewal based on I -94

Below are the validity dates of my L2 Visa,I-94& EAD: L2 Visa Expiration Date: 18JUL2010 I-94 : 06MAY2011 EAD expiration date: 02OCT2010 I would like to apply for EAD renewal on June 4th, 2010 [120 days before EAD expiration] Since I & my husband have I-94 valid till May 2011, my husband's company is planning to extend L1/L2 visas next year. Will my EAD renewal process have an impact with L2validity? As per my understanding, since I would remain on valid L2 visa after 18 July,2010 for 7 months[till I-94 expiration] can I renew my EAD without necessarily extending my L2visa.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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L2 visa and EAD

My husband's employer are busy with a L1 / L2 application for our family. My husband will go to the US (in June) on his L1 visa, 2 months before me and the children, since I have to wait for them to finish their school year in July. We will join him end of July. When he goes over in June ... Can he 1) apply for my SS number 2) hand in the forms for my EAD without me being in the country, or does that have to wait till August when I arrive?

As far as I know, you will have to be here. Nothing can be done before that.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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When can I apply for EAD?

May be a newbie question, I'm from india and I just got my I-140 approved in EB2, Can i file my I-485 as pending or do i need to wait for the date to be current. Is there any way to get EAD so that my spouse can also work?

This is a newbie question. :-) I-485 cannot be filed till PD is current and EAD cannot be obtained until I-485 is filed. H-1 is one obvious way for her to work.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Extension of Employment Authorization for Liberian Nationals Covered Under Deferred Enforced Departure (DED)

U.S. Citizenship and Immigration Services (USCIS) automatically extended employment authorization for Liberian nationals covered under Deferred Enforced Departure (DED) through Sept. 30, 2010—following President Obama’s announcement today of his decision to extend DED through Sept.

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Pending I-485 and marraige

Currently My I-485 is pending and I-140 is approved last Year (2009) january My PD 05/29/2007. I am working using my EAD and change my job last year I don't have my H1B. I filed my I-485 as single, but I will get married to my Girlfriend (Germany). She come here Last November with waiver visa (stay up 90days), Now she is thinking to come back using F1 visa a students instead re-entry using waiver visa which she can't change her status anyway). If I get married, can I put her name under my petition (file I-485 for her) ? and apply EAD also with her Travel documents ?

If your priority date is current, you can file her AOS as long as she is legally in the US. I just have an issue with using F-1 visa to accomplish this purpose. Please consult with a lawyer about the details.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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F1 and OPT Expired but 60 days not up

I have a Bachelors degree and a Masters degree from the US. My EAD from my masters degree recently expired and the 60 days is almost up. I dont want to go back to school or go back to my home country. If i do find an employer willing to file for a green card based on EB2, will have to go back to school to maintain my status while the green card is in process or will my status change once the paper work is turned in?

This is a common misunderstanding. Starting a PERM-based green card does not give you the right to stay in USA.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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AOS and EAD

I have been in AOS since Sep 2007. I have a EAD and now a new opportunity hit the door to move to another company, same functions but much better pay, arounf a 40% increase. I also got married to a US citizen. My dilema now is should I take the job? my actual employeer may get angry, so could he do something to screw my case? should I re-apply through a spouse? is something the new employer can do so I can be safe? I don't want to bother new employer, but could he eventually at least help so I can keep my actual status until AOS is approved.

It looks like you have several options. Once 180 days of AOS pendency are over after I-140 approval, usually employers cannot hurt you. Speak with a lawyer.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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EAD restriction for 245i

I applied for GC through 245i. I currently have a valid EAD. I140 approved. and I485 pending. Its for future employment. Can I work for a non related (not related to my labour) until my 485 is approved?

Theoretically, there is nothing wrong with that, but speak with your lawyers. In my view, not working for the future employer raises issues like is there a job, do you really want to work for this employer, etc.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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EAD - Job title change on the same job

My wife and I am on EAD and also both have H1B (I am in my 8th year of H1B and wife is in 5th year as teacher). Our EAD is based upon my job in EB3 category in IT as System Analyst/Administrator, my priority date Aug'2003. Last year I have completed MBA in Finance and can now work as a Project manager within the same company. Can I change my title to Project Manager or IT Manager and also can I change my profile now to work in Investment Company or any other non-IT field in the same company I am already working. As these delay of getting green card are actually causing problem in my career.

If you change your field/job description, it is very likely that you have to start your green card all over again. You should be able to carry the same priority date, but the PERM/I-140 may have to be done again.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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