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  #1  
Old 09-11-2009, 12:37 PM
YesWeWillGet YesWeWillGet is offline
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Post What status if unemployed when using EAD?

Hello,

If one seeks employment with new employer using the EAD by understanding that his former employer's H-1B will be revoked.

I woud like to know what would be the immigration status if one got an employment by using EAD (AC21 not filed yet) and all of sudden got unemployed. Will he become out of status immediately or can he stay in the country to find similar job and continue working using the EAD and the file AC21 with prospective employer?

I would really appreciate your valuable inputs and thoughts.

Thanks,

Last edited by YesWeWillGet; 09-11-2009 at 12:40 PM.
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  #2  
Old 09-11-2009, 09:27 PM
seekerofpeace seekerofpeace is offline
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Default Out of Status (Strictly legally)

One is supposed to be employed at all times either on H1-B or EAD this is from my lawyer...but in this economy there are many (if 10% is the unemployment rate) I am sure quite a few on AOS/EAD are unemployed....ofcourse no one is going to go back to India....will wait for a job and hope not to get an RFE for EVL.

SoP
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  #3  
Old 09-13-2009, 05:10 PM
redgreen redgreen is offline
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Status criteria differs from culture to culture. However if you have enough money, in most 'civilized' cultures you can have a very good status. Basically it all depends on what you think about your status.
How is EAD connected to status? Ofcourse if one doesn't have a job, in general his financial staus will be in ruin!

[EAD does not give any special status with regard to immigration/visa status; only thing is one can get EAD if they have the status of I-485 pending; in simple terms EAD is because of a status but not a status in itself]

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Originally Posted by YesWeWillGet View Post
Hello,

If one seeks employment with new employer using the EAD by understanding that his former employer's H-1B will be revoked.

I woud like to know what would be the immigration status if one got an employment by using EAD (AC21 not filed yet) and all of sudden got unemployed. Will he become out of status immediately or can he stay in the country to find similar job and continue working using the EAD and the file AC21 with prospective employer?

I would really appreciate your valuable inputs and thoughts.

Thanks,

Last edited by redgreen; 09-13-2009 at 05:15 PM. Reason: addenda
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  #4  
Old 09-13-2009, 08:27 PM
seekerofpeace seekerofpeace is offline
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Default Nice answer

Your answer shows that you must be a EB2 NIW candidate.

Way to go bro...a complicated lecture wih useless digression for a simple question put forth

SoP
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  #5  
Old 09-13-2009, 09:21 PM
ImmigrationAnswerMan ImmigrationAnswerMan is offline
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YessWeWillGet:

Redgreen is correct that EAD does not grant status, but rather is granted based upon the status the person already has. It only allows the person to work.

Redgreen, I have to agree with SOP that I don't understand the rest of your answer.

But I have to disagree with SOP about being required to work while your I-485 is pending. It is true that you must continue working in your H-1B status for your H-1B to remain valid. But this is not true of the I-485. This is because the I-485 is for prospective employment. USCIS has to be convinced that you intend to work for the I-140 petitioner (or if portable, for another employer in the same or similar position) and USCIS has to be convinced that the petitioner intends to employ you, ONCE THE GREEN CARD IS APPROVED. There is no requirement to work until that I-485 is approved.

That being said, when adjudicating the I-140/I-485 USCIS will look at your actions to decide if you intend to work in the offered position. If you have an EAD but you are not working in the offered position (or a same or similar position if the I-485 is portable) then you should be ready to explain to USCIS why not. Sometimes it is as simple as that the petitioner does not want to put you in the position until they are certain you will be an LPR and will be able to stay in the position.

So the answer to your question is that if you are laid off, you should try to find a same or similar position as soon as possible.

** This information is general in nature and should not be relied upon without first consulting with your immigration attorney. This information is not intended to create an attorney-client relationship.
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  #6  
Old 09-23-2009, 09:19 PM
YesWeWillGet YesWeWillGet is offline
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Thumbs up Thanks a lot

Thank you so much!

My special thanks to Siskind Susser, P.C.. I really appreciate for your valuable suggetions. Thanks for reaching out to this community and helping us.

Regards,
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