how much time to get an EAD?

[vinsus]

My I-140 is approved and I plan to change jobs in the next two months.
I will complete 6 yrs on H1 in two months. My current employer has filed for H1 extension. I do not have an EAD.

1) How much time would it take to receive the EAD nowadays?
2) Can I change jobs when I get my EAD?
3) Does the new employer have to file any paperwork?
I am confused about the AC21.
4) Does it need to be applied for my case?

Thanks in advance.

[txh1b]

Have you applied for a 485 and is it pending? Read the AC21 memo link on the forum or google for it.

[vinsus]

oh yes, my I-485 is pending. My Priority date is June07, and I-140 and I-485 were filed concurrently in Jul2007.
I have heard about AC21, but am not sure whether it applies to my case. I was under the impression that I can change jobs once I receive an EAD, without my new employer requiring to do any paperwork. Is that not a correct assumption?

[txh1b]

It isn't that simple but not complicated either.

Read what I suggested in my previous post and post follow up questions after that.

https:///employment-based-greencard/...-employer.html

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

http://www.uscis.gov/files/nativedocuments/AC21_30May08.pdf

http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

[ako]

txh1b,

i would like to change employers soon using AC21. my question is about difference in wage/salary. My position is civil engineer and at the time I-140 was filed, my salary was $48,100 a year (entry level because i was not a licensed civil engineer in US at that time). my new employer offers me an $83,200 a year (same position but i am now a licensed civil engineer in the US).

is this difference in salary going to be a problem using AC21? i hope to hear from you soon.

regards,
ako

[txh1b]

It does seem like the position is not same/similar. You better discuss the case with an attorney as the salary difference is very high.

[ako]

I have follow-up questions as follows:

1. Old Position SOC code is 17-2051 (Civil Engineers) and the new Position SOC Code is also 17-2051 (Civil Engineers). Job duties are basically the same. It's just that the new position takes into consideration my additional credential as a registered civil engineer so the rate is higher. Do you think having the same SOC code will be considered as "same/similar"?

2. What if my previous employer (petitioner) won't revoke my approved I-140, do I need to use AC21?

3. Is it also possible that I work for a 2nd company now and while working with the 2nd company, I'll submit my AC21 wherein a 3rd company provides a letter offer with the same/similar job with slightly higher pay?

Thanks for all the information.

Ako

[txh1b]

Like I said, talk to an attorney. The codes may be the same but the salary difference might raise a red flag and you may be called for an interview.

The salary could be different based on the skill level used for the SOC code or the geographic area. AC21 is needed if you don't intend to work for the filer on a permanent basis after getting the GC to safeguard your own interest during the naturalization process.

You can take the submit the AC21 letter any time. During an interview, if there is an RFE etc, AC21 can be submitted at that time. You can change companies as many times but frequent changes and submission of AC21 for every change might become complex showing that the job is not "permanent" in nature. Hold off on submitting AC21 if you dont intend to work long for a company.

[ako]

thanks for your response. i will definitely talk to a lawyer about this. by the way, you are right in saying that different skill levels were used for the same SOC code. thus, a different wage. does having a different skill level for the same SOC code also means that the job is NOT "same/similar"?

i really appreciate all your answers. thanks.

[txh1b]

It is a complicated issue than a simple one for me to tell online based on the posts. Same/similar is widely a gray area and is used by different IOs based on their own interpretation. There is no common basis for it.

It is dependent greatly on the verbiage used on the labor. For example, if one says needs 2 year experience, then it has to be that way. On the other hand, if one says atleast 2 years of experience, the position could get one having 20 yrs experience as well. Some of these are used based on how the position caters to the employer's needs and the attorney associated to fit the position being advertized.

[ako]

if after sometime, my new employer decided to sponsor me for EB-2, is possible? how is it going to affect my pending I-485 (EB3)?

thanks.