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  • EAD Advice - please help

    I am currently on an L1A, the company lawyers have filed for my i-140. I have to wait for this approval before they will file the i-485. My question is:

    1. Since I am not sure I will have a job in a year with this company can i file for an EAD along with my i-485, will this help me stay and look for another job if I lose my current one?

    1b. What happens to my i-485 if I lose my job after applying, I'm on an L1A?

    2. The company may not file the EAD for me - can i do this separately on my own with another lawyer? Will this be an issue?

    3. I am planning on getting married in Dec to a greencard holder, will this effect any of my above applications?

    I appreciate any help I can get on this.

    Thanks
    Sarah

  • #2
    I am currently on an L1A, the company lawyers have filed for my i-140. I have to wait for this approval before they will file the i-485. My question is:

    1. Since I am not sure I will have a job in a year with this company can i file for an EAD along with my i-485, will this help me stay and look for another job if I lose my current one?

    1b. What happens to my i-485 if I lose my job after applying, I'm on an L1A?

    2. The company may not file the EAD for me - can i do this separately on my own with another lawyer? Will this be an issue?

    3. I am planning on getting married in Dec to a greencard holder, will this effect any of my above applications?

    I appreciate any help I can get on this.

    Thanks
    Sarah

    Comment


    • #3
      You can file for the EAD, however, if you loose your job or the I-140 is denied, you status ends and you have 30-60 days to leave the U.S. or find another employer. EAD confers no status separate from the basis for the EAD, e.g. it does not give you employment authorization if you loose your employment or get a denial.

      You can file to adjust your status to a green card holder, but must maintain your non-immigrant status. Only marriage to a USC gives you immediate filing rights for residency.

      Comment


      • #4
        Your best bet is that your fiance(e) gets citizenship, then you file to adjust. Also do your best to maintain your employment. Ask to remain an L-1A if that works for your employer.

        Comment


        • #5
          Hi Sarah,
          Assuming the lawyers filed the I-140 for Executive Managers= you don't HAVE TO wait for the approval before filing the I-485, although many lawyers will say you should.
          1. What happens if you lose your job will depend on if you already have an I-485 pending and how long it has been pending. You can apply for the EAD when you file the I485- it's included in the fee. This will allow you to look for another job.
          1b. You can keep the I-485 alive after losing the job IF the I-485 has been pending for at least 6 months- it's called AC21 Portability. It states that if the I-140 has been filed AND the I-485 has been pending for at least 6 months, you can "port" to a new job as long is it is same or similar to what you are doing at the original company that sponsored you. In the event you lose your job- definitely go see an immigration lawyer. Make sure you have a copy of your I-140 approval or receipt notice if you are let go as well as copies of I-485 receipt notices.
          2. I'd be really surprised if the lawyers don't file the EAD application since it's included in the enormous fee USCIS charges. If they don't, you can definitely do it on your own.
          3. Your marriage to a green card holder will not affect any application. When does he become a citizen?

          Comment


          • #6
            Thank you all for your support.

            Mrs. Mani, my Fiancee has not applied for citizenship and does not intend to, but it will be 3 years before he can apply.

            I have a few more questions:

            a. When I apply for the i-485 and the EAD concurrently when does the EAD approval come through? Is it for two years?

            b. If I lose my job after I have my EAD and it is only 2 months since the submission of my i-485 can i still stay and look for a job on my EAD or hope that my -485 is approved before my EAD runs out?

            Thanks again!

            Comment


            • #7
              Hi Sarah,
              a. The EAD usually comes through in about 60-90 days and is usually valid for one year unless you're lucky enough to get more.
              b. Technically, no because you are not eligible to "port" or change jobs. If your employer's lawyers revoke or withdraw the I-140, the I-485 will get denied unless it has been pending for at least 6 months. Which is why you should run and see a lawyer as soon as they let you go.

              Comment


              • #8
                Thank you so much!

                Comment


                • #9
                  When you send the I-485 status adjustment application to USCIS, you may also submit the I-765 form for Employment Authorization Document (EAD) application, if you want to work in the United States while your I-485 adjustment of status application being processed.

                  The Immigration and Nationality Act is a law that governs the admission of all persons to the United States. Part of the law about Employment Authorization Documents defines the employment authorization responsibilities of both employers and employees. USCIS issues Employment Authorization Documents to prove you are allowed to work in the United States.

                  The specific categories that require an Employment Authorization Document include applicants adjusting to permanent residence status; asylees and asylum seekers; refugees; students seeking particular types of employment; people in or applying for temporary protected status; fiancés of American citizens; and dependents of foreign government officials. The permanent resident or a conditional permanent resident do not need an Employment Authorization Document.

                  The Form I-765 application offers the benefit of receiving an Employment Authorization Document. The I-765 application can be sent individually or with the I-485 adjustment of status. For the principal applicant, the EAD should be issued by the USCIS as soon as the preliminary screener determines the eligibility, unless the applicant is clearly ineligible for the adjustment of status, in which case the application should be routed for an expeditious denial. For dependent applicants, employment authorization may be issued as soon as the principal applicant case is documented, provided the dependent applicant has submitted satisfactory evidence of the relationship.

                  http://www.greencardapply.com/i485/i485_ead.htm

                  www.greencardapply.com
                  www.greencardfamily.com

                  Comment


                  • #10
                    I spoke with my lawyers and now have found out that they will not apply for my 1-485 concurrently with my 1-140 because I have a 90% chance of denial as I make about 90K a year and not 200K etc. The L1a applications apparently are being scrutinized and denial is high. Is this true?
                    They have also told me that if my i-140 and i-485 are done concurrently and denied then it goes on my permanent record and applying for a student visa will not be possible. Also my b1/b2 will become invalid. Is there any truth to this in this economic climate?

                    Comment


                    • #11
                      EB1 for Executive and managers are hard to get approved. So there is sound reasoning on waiting to file the I-485 so you're not wasting $1010.

                      However, applying for a student visa has already been made almost impossible by virtue of filing the I-140- you already have shown immigrant intent. Also, you're married to an LPR, which also makes it very hard to get a student visa.

                      As for your B1/B2- your visa may not be canceled but like for the F-1, you have already shown intent to immigrate, which you cannot have to make a B2 entry as a visitor.

                      Comment


                      • #12
                        Hi Mrs Mani. Thanks for advice.

                        Although I am not married yet. I plan to get married by the end of the year. So how will it effect my i-485? My i-140 states I am single and my i-485 will state im married? My fiancee is a greencard holder.

                        Comment


                        • #13
                          There is plenty of evidence around the Net about the L1a visa being closely scrutinized now. H1b too. It's the dividend for having a crapp-y economy. Few applications = bored USCIS = higher denial rate

                          Being married/engaged to an LPR makes it almost impossible to get any other kind of visa because of the immigrant intent bit.
                          "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

                          Comment


                          • #14
                            Hi Sarah,
                            Getting married in the intervening time between filing the I-140 and the I485 will not affect your I-485. You just will need to submit the marriage certificate when you file showing that you got married after the fact.

                            Comment



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