Ead/h1b

[besi]

Hello all.
I have been working for a company for close to 5.5 years on H1B that expires feb 2010. The company has applied for the GC process in the EB3 category(PR date: Dec 2004) I-140- approved; 485- pending.

My company is most likely starting the H1 extension.

My question, would it be okay to discreetly apply for EAD on my own so I have the flexibility in moving jobs? What are my options at the moment so I have the most flexibility with the job change?

[txh1b]

My question, would it be okay to discreetly apply for EAD on my own so I have the flexibility in moving jobs? What are my options at the moment so I have the most flexibility with the job change?

If you have a 485 pending, you can apply for EAD on your own. You may just need the receipt of your 485 to prove your eligibility for EAD.

Read AC21 memo for job change requirments.

http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf

Posting link for future reference. Admin, please do not delete.

[besi]

Thank you very much for your prompt response.

Couple of questions:

In case of a job loss, does EAD provide higher security, as in allow me a longer time to find a job in comparison to H1B?

When I apply for an EAD on my own, would it become evident to my company lawyer ? As in I am curious if it is a globalized information network..

Thanks again for your input.

[txh1b]

EAD allows you to work for any employer if you fall out of H1b status as a parolee with a pending 485. To continue with the GC with the new employer, the AC21 conditions have to be met as outlined in the memo.

Privacy laws are strict and USCIS does not disclose any info unless the lawyer has your signed G28 form. What is the big deal about having EAD even if the company comes to know? no one cares!

[besi]

EAD Application form

Thanks for your response.

To question #11- what should I respond?

I have been a student and received an OPT card (around 2002-03). I cant seem to find ithe card anywhere- Do I have to say -YES- and include a copy of the card? I also dont know where it was applied at the time.

What happens if I say no?

Since then I have been on H1B for about 5.5 years. This 765 application will be my first application for an EAD card since H1B.

Please advise.
Thanks!