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***EAD after filing 140/485?!?***

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  • ***EAD after filing 140/485?!?***

    Someone said you get a EAD after filing 140/485. I did not know that...

    Do you get it once 140/485 have been sumbitted?
    Can you change your title? I have had the same title at work for the last 5 years because i am doing it thgouh H1-B. Will I be able to apply for a different position within the same company?

    How about travel? Will be able to go outside of the US?
    thank you.

  • #2
    Someone said you get a EAD after filing 140/485. I did not know that...

    Do you get it once 140/485 have been sumbitted?
    Can you change your title? I have had the same title at work for the last 5 years because i am doing it thgouh H1-B. Will I be able to apply for a different position within the same company?

    How about travel? Will be able to go outside of the US?
    thank you.

    Comment


    • #3
      Dear Immigrant:
      The H-1B position is temporary. In order to file for the I-140/I-485 an alien labor certification must be filed. Unless you are an executive transferee and the company can file an I-140 as manager/executive. Your permanent position will be described either on the alien labor cert or the I-140 as manager/executive. If your H-1B still valid for some time when filing concurrent then you don't need to file for an EAD & advance parole. If you are planning to move to another company once the I-140 is approved under AC21, then yes, you should file for EAD AND ADVANCE PAROLE. Remember the new position must be in a similar occupation with same or above prevailing wage as underlined in the I-140. Good luck

      Comment


      • #4
        Thank you for your response.

        I am confused, though...

        I have an H1-B. My co. filed paperwork with DOL (State/Federal). Now they will begin filing with the INS. I think they have to do 140/485. I still have 2.5 years left on H1-B.

        What I am not sure about is whether I can change positions within the same company once 140/485 are filed.

        I have been at the same pay/title for the past 5 years, and would like to grow but have been limited because my documents were with DOL (so I was told).

        THank you for your time so very much!!!

        Comment


        • #5
          Maybe you will get promoted to Senior Gas Pump Attendant.
          Sweet Madame Belu

          Comment


          • #6
            josephine schmo,

            That comment was not funny nor was it useful..or relevant. Please don't waste your and our time with such immature behavior.

            Thank you.

            Comment


            • #7
              My time is never wasted.
              Sweet Madame Belu

              Comment


              • #8
                This thread is just another example of Joe Schmoe's self-perceived great "sense of humor". Also, another example of her "having to get the last word in - (My time is never wasted). Yeah right!!!

                Comment


                • #9
                  kgb/immigration/jimmy/PAK:

                  Just proved my theory, thank you very much.

                  One more thing, I NEVER attempt to be funny, as I have absolutely no sense of humor.

                  I am serious as a heart attack, ALWAYS.
                  Sweet Madame Belu

                  Comment


                  • #10
                    Hi Immigrant:
                    Any changes on your current position will require to file a new H-1B indicating that C. Change in previously approved employment. This is your temporary position that will not give you a greencard. Your permanent position is the one underlined on your labor certification that will be indicated on your I-140, including the prevailing wage.

                    Comment


                    • #11
                      You can change position within the same company using an EAD. However, if you use the EAD to work for your current employer or any other employer your H-1B status will be terminated. Hopefully your I-140 will be approved but in the event it is not, you will risk being out of status if you are no longer maintaining H-1B
                      status.

                      Comment

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