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Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

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  #1  
Old 09-27-2007, 03:31 PM
maddunr maddunr is offline
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Default EAD Received. What now?

Hi,

I am new to this forum... but I have been reading up on this issue for a while now. I got my EAD card last night . While this is good news, I am unsure as to what my options are now. I have seen answers to the following questions, but they have been all over the board. Here is my situation...

I-485 / AP / EAD receipt date - July 2, 2007 - Nebraska Service Center - EB2 India Category
Fingerprinting - Sept 09, 2007
EAD Rec'd - Sept 26, 2007
H1 validity - Oct 2009

My fiance' is in Boston and I am in Los Angeles. I want join her in Boston. My employer doesn't want me to work remotely.. so I will have to quit my current job.

Here are my questions:

1. Do I have to wait for 180 calendar days since my I-485 application before changing jobs?

2. What will happen if I use my EAD to change jobs right now? How will it affect my GC process?

3. If I wait for 180 days (i.e 'til Jan 2008) and then change jobs, should I use my EAD or get an H1 transfer?

All suggestions will be greatly appreciated.

Thanks,
V

Last edited by maddunr; 09-27-2007 at 04:40 PM. Reason: Added service center + category
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  #2  
Old 09-27-2007, 03:34 PM
sathyaraj sathyaraj is offline
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Default Anyone pl. help

What is W9 form? Why is this being asked to submit by my wife's empoyer. Is it ok to work as an individual contracter on EAD?

W9 form says that only US person complete. Can my wife complete it? Also what is backup withholding in W9 form?
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  #3  
Old 09-27-2007, 03:36 PM
maddunr maddunr is offline
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Default

Sathyaraj,

I don't have answers to your questions.. but perhaps you should start your own thread instead of hijacking mine

Good luck,
V
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  #4  
Old 09-27-2007, 03:39 PM
logiclife logiclife is offline
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Default Irs

Quote:
Originally Posted by sathyaraj View Post
What is W9 form? Why is this being asked to submit by my wife's empoyer. Is it ok to work as an individual contracter on EAD?

W9 form says that only US person complete. Can my wife complete it? Also what is backup withholding in W9 form?
Look up the website of IRS. W9 forms I think should be filled out by every new hire so that they submit SSN, number of dependents and exemptions they will claim from their tax filing etc. That way, employer can deduct income tax that comes as close as possible to actual taxes you owe IRS, and at the end of the year, a situation is avoided wherby either you ower IRS too much or IRS owes you too much. But check the IRS website to confirm.
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  #5  
Old 09-27-2007, 03:39 PM
h_shaik h_shaik is offline
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Default Which Service Center?

Maddunr,

Which service center your EAD and AP are being processed?

Regards

Quote:
Originally Posted by maddunr View Post
Hi,

I am new to this forum... but I have been reading up on this issue for a while now. I got my EAD card last night . While this is good news, I am unsure as to what my options are now. I have seen answers to the following questions, but they have been all over the board. Here is my situation...

I-485 / AP / EAD applied - July 2, 2007
Fingerprinting - Sept 09, 2007
EAD Rec'd - Sept 26, 2007
H1 validity - Oct 2009

My fiance' is in Boston and I am in Los Angeles. I want join her in Boston. My employer doesn't want me to work remotely.. so I will have to quit my current job.

Here are my questions:

1. Do I have to wait for 180 calendar days since my I-485 application before changing jobs?

2. What will happen if I use my EAD to change jobs right now? How will it affect my GC process?

3. If I wait for 180 days (i.e 'til Jan 2008) and then change jobs, should I use my EAD or get an H1 transfer?

All suggestions will be greatly appreciated.

Thanks,
V
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  #6  
Old 09-27-2007, 03:40 PM
texanmom texanmom is offline
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Default My thoughts....

Quote:
Originally Posted by maddunr View Post
1. Do I have to wait for 180 calendar days since my I-485 application before changing jobs?
If you want to keep this green card process alive and maintain your PD, then yes, it is better to wait 180 days (to avail the AC21 portability) before you can switch to another employer.

Quote:
2. What will happen if I use my EAD to change jobs right now? How will it affect my GC process?
You will likely lose your spot in the GC queue. AC21 portability lets you switch employers after 180 days and hence, does not penalize you by shoving you back to the end of the line. EAD is mostly used immediately by the dependents since they do not have any wait times...but the primary applicant must wait 180 days in order to use it so he can keep his/her GC process alive.

Quote:
3. If I wait for 180 days (i.e 'til Jan 2008) and then change jobs, should I use my EAD or get an H1 transfer?
If you decide to switch after Jan 2008, you have the option to choose what you put in your I-9 : it can be your H1B or your EAD. It is recommended that you remain on your H1B, because that allows you to remain in the country and pursue permanent residence (from ground zero..... although I wonder why anyone would do that!) even if something were to go wrong with your GC process. If, however, you chose to use the EAD, you have the flexibility to work for anyone, but you need to renew the EAD every year (and if you do not get the renewal on time, you have to quit the job) and you do not have any status to remain in the country if your 485 is denied.

I hope that helps.
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Last edited by texanmom; 09-27-2007 at 03:44 PM.
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  #7  
Old 09-27-2007, 03:56 PM
sanjeev_2004 sanjeev_2004 is offline
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Default salary change

Can some one take offer of 120k + bonus in same city after completing 6 months from I485 RD? GC is filed with 75k. assuming job title remains same.
__________________
PD 28 JUN 2004,
I140 applied on 16 May 2007 and pending.
Employer is saying he didnt get I140 reciept notice.
I485 Receipt date 25 Jul 2007.
I485 Notice date 14 Sep 2007.
EAD Approved on 27 Sep, 2007.
AP Aproved on 4th Oct 2007.

Last edited by sanjeev_2004; 09-27-2007 at 04:04 PM.
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  #8  
Old 09-27-2007, 04:08 PM
sathyaraj sathyaraj is offline
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Default Sorry

maddunr:
I am sorry man....I had to post here to get someone's attention.

But I do ve some answers for ur question. You cannot change jobs before 180 days bcoz if ur current employer revokes I-140 then you will be in trouble.

Also try to maintaing ur H1B even if you switch employers.

Just 2 my cents...

Quote:
Originally Posted by maddunr View Post
Sathyaraj,

I don't have answers to your questions.. but perhaps you should start your own thread instead of hijacking mine

Good luck,
V
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  #9  
Old 09-27-2007, 04:09 PM
engineer engineer is offline
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Default EAD questions

I am on H1B visa and my wife is on H4 visa.
We filed for AOS and will be receiving EAD soon.

I understand that my wife can work for whatever company she wishes to on EAD ? Question is : If she starts using EAD, does her H4B status gets invalid ? Also if she travels out , does she has to use AP (after using EAD card) ?

I also understand that is she uses EAD it has no impact on my H1B status ? Meaning I can continue to use H1B status ? Am I correct ? Also once she has EAD, can she apply for Social Security # ? Currently she has ITIN #.

Also , If I, ther primary applicant, starts using EAD, does my H1B gets invalid ?

Last, while on EAD when I can change jobs and what restrictions are on me for new job ? Does it have to be same or similar to what was listed in labor certification ?

Can I do more than one job ? Does nature of second job can be different than what was listed in labor certification ?

I will aprpeciate your help.
__________________
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I am not attorney and every comment I make on immigration matters is based on my experience and may not be correct. Consult immigration attorney in all immigration related matters.
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  #10  
Old 09-27-2007, 04:12 PM
sathyaraj sathyaraj is offline
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Default Thanks

Logiclife:

Thank you so much for ur reply. I looked up but it clearly says that only US person can sign the form. We have just filed I-485 and got EAD. If my wife wants to continue as an individual contractor. Should the contracting company pay the tax to IRS directly or we should pay tax. I am still confused.


Quote:
Originally Posted by logiclife View Post
Look up the website of IRS. W9 forms I think should be filled out by every new hire so that they submit SSN, number of dependents and exemptions they will claim from their tax filing etc. That way, employer can deduct income tax that comes as close as possible to actual taxes you owe IRS, and at the end of the year, a situation is avoided wherby either you ower IRS too much or IRS owes you too much. But check the IRS website to confirm.
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  #11  
Old 09-27-2007, 04:13 PM
sathyaraj sathyaraj is offline
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Default Yes

I think you should be fine so long as ur job description stays the same.

Quote:
Originally Posted by sanjeev_2004 View Post
Can some one take offer of 120k + bonus in same city after completing 6 months from I485 RD? GC is filed with 75k. assuming job title remains same.
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  #12  
Old 09-27-2007, 04:15 PM
texanmom texanmom is offline
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Default Job Description is important

Quote:
Originally Posted by sanjeev_2004 View Post
Can some one take offer of 120k + bonus in same city after completing 6 months from I485 RD? GC is filed with 75k. assuming job title remains same.
It has to be a similar job description- not just the title. More $$$ is not a problem.
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------------------------------------------

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  #13  
Old 09-27-2007, 04:42 PM
gdhiren gdhiren is offline
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Default

Quote:
Originally Posted by engineer View Post
I am on H1B visa and my wife is on H4 visa.
We filed for AOS and will be receiving EAD soon

I understand that my wife can work for whatever company she wishes to on EAD ? Question is : If she starts using EAD, does her H4B status gets invalid ? Also if she travels out , does she has to use AP (after using EAD card) ?
YES, she will lose H4 as soon as she starts working on EAD. She has to use AP to reenter USA.

Quote:
Originally Posted by engineer View Post
I also understand that is she uses EAD it has no impact on my H1B status ? Meaning I can continue to use H1B status ? Am I correct ? Also once she has EAD, can she apply for Social Security # ? Currently she has ITIN #.
You can still maintain your H1B. She can apply for SSN based on approved EAD.

Quote:
Originally Posted by engineer View Post
Also , If I, ther primary applicant, starts using EAD, does my H1B gets invalid ?
YES

Quote:
Originally Posted by engineer View Post
Last, while on EAD when I can change jobs and what restrictions are on me for new job ? Does it have to be same or similar to what was listed in labor certification ?
Technically as soon as you receive EAD, but to get protection in case your employer revokes your I140, it's better to wait 180 days from your I485 application. It has to be same or similar full-time job as in your labor cert description.


Quote:
Originally Posted by engineer View Post
Can I do more than one job ? Does nature of second job can be different than what was listed in labor certification ?
One job has to be full-time and same or simliar type. The other job can be anything totally unrelated to labor cert and can also be part-time. Remember that you lose your H1B status as soon as you start using EAD, even for your second job.

HTH, not a legal advice.

Last edited by gdhiren; 09-27-2007 at 04:45 PM.
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  #14  
Old 09-27-2007, 04:44 PM
smarth smarth is offline
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Default

hi maddur,

Which service center did you file I485?
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  #15  
Old 09-27-2007, 04:48 PM
maddunr maddunr is offline
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Default Thanks...

Thanks to all who've taken the time to answer my questions

@h_shaik: Nebraska Service Center

@texanmom:
Thank you very much for the info. When you say it is recommended to keep my H1B, do you mean with the same employer or did you mean a transfer of H1B to a new employer? I will have to leave my current employer (I am a direct hire H1B - not through consultant) in order to move to Boston.

Do I have to wait for 180 days before filing for AC21 portability? It seems like I do.. but I just wanted to confirm.

Thanks again to all who've replied,
-V

Last edited by maddunr; 09-27-2007 at 04:50 PM. Reason: typo
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