Employment Authorization Card (EAD)

I-485 Portability; EAD Employment

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My current company has sponsored my H1B and applied for Green Card. I have received my EAD card, and I485 is submitted an year back. I485 is pending approval.

I am currently interviewing with other companies and anticipating an offer letter from another company. My new company is not willing to sponsor my H1B.

So, my question here is:

a. Can I sponsor my EAD myself ? What is the process to do it ?

b. What are the risks ?

c. Is it going to impact my Green Card processing ?

Please advise. Thanks in advance.

So long as meet the I485 portability requireemnts, you can move to a new employer and work with an EAD and USCIS will still process your green card. The portability rule applies where you have an approved I-140 and an I-485 pending for at least 180 days you may move to a new employer where the new job is “in the same or similar occupational classification as the job for which the certification or approval was initially made.” You new employer will have to make an AC21 filing notifying USCIS of your new employment..

J1 Visa holder Wishes to Change Status to J2 Visa

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Me and my wife were hired to work in the US as teachers for 3 years, each one with its own J1 Visa, however she was diagnosed with breast cancer 6 months later (march 2011) we have seen that we will have to stay to finish the threatment but my our salaries as teachers won`t be enough to survive, I want to quit my J1 visa and become her dependant with J2 visa and ask a work permit, so I search a work with my MBA and get more money to overcome this situation. Is this possible? Is it too risky? Are we allowed to do it? Can you help us? Please let me know and I deeply apprecciate your time

Yes, we can help you obtain J2 visa status or even apply for a work visa such as an H1B visa provided that you are not subject to the two year home residency requirement. It is not risky to change to J2 visa status and as a J2 visa holder you would be able to obtain an EAD which would authorize you to work for any US employer in any capacity.

Nonimmigrant Employment While EAD Application is Pending

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Right now I am working with a L1A visa status and my company wishes to apply my green card. I know I can get the EAD but and thinking I can work with my L1A until the green card is approved. Is this ok? Also, can you help me with the green card? My company and me are not happy with our previous immigration lawyer.

Yes, you can continue to work on your L1A as long as it is valid and you can even extend the L1A visa status while the green card application is pending. It is actually a good idea not to get the EAD card. If you use the EAD card to work for someone that is not your L1 visa sponsor then you will violate your L1 visa status and if your green card application is denied then you will be out of status. Unless there is a particular reason you need the EAD such as in cases where the L1 visa is expiring you do not wish to extend or don’t qualify for an extension, then you can avoid applying for it.

We’ll be happy to assist you with your application. In the past 12 months, we have been securing many EB1 green card approvals in 2 months or less through regular processing (no extra premium fee required) and should be able to help you. Please send us a copy of your resume and details regarding your company

Employment by Spouses of E3 Visa Holders

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I have a company that wants to bring me to the US on an E3 visa. Can my wife come with me? Can she work?

A: Yes, your wife will be able to accompany you to the US as a dependent and she will be eligible to apply for a work permit (EAD) upon entry to the US. Once approved, she will be authorized to work for any employer in any capacity for the duration of the authorization.

The DREAM is on! Obama to grant deferred action and work authorization!

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On June 15, 2012 the Department of Homeland Security formally announced that it will offer deferred action to “DREAMers.” This means that for millions of undocumented youths who entered the United States without inspection (no visas) as children can now obtain “deferred action” and work authorization from USCIS. Both individuals who are in removal proceedings (deportation) and those who are not in removal proceedings can apply for this benefit. Deferred action and work authorization will be valid for a two year period and can be renewed.

Eligible individuals must:

  • Be 15-30 years old, and have entered before age 16
  • Have been present in the US for 5 years as of June 15, 2012
  • Have maintained continuous residence
  • Have not been convicted of a felony, a significant misdemeanor or multiple minor misdemeanors
  • Be currently in school, graduated or have a GED, or is an honorably discharged veteran
  • The deferred action offer will be available to those in proceedings, as well as to those who apply affirmatively.

Find more information and how to apply here!