EAD use during employment-based AOS

[laeb3]

Hi guys,

I have had it up to here with my lawyers. I feel I speak to a new person at the firm every time I have a question/move to a new step of my process and they are constantly giving me conflicting information that throws me into total panic. For instance: they have always told me that my EAD, which arrived a few weeks ago, will allow me to work for anyone as I await the green card itself. So I interviewed for some positions - my green card employer will not contract me on until my green card itself arrives - and I managed to secure a job. But as I was speaking to someone at my firm in preparation for my interview in October I asked her if I should disclose that I have a new job coming up, and she told me that though "many lawyers" would say your work permit allows you to work for anyone, an employment-based AOS means you cannot work for anyone except your sponsor using the EAD. I told her this is not the information I have gotten from anyone, any time, and I have never read nor heard of restrictions on the EAD, and she said she would look into it again and follow up, but for now I am very worried.

Has anyone here used their EAD to hold work that is not for their green card sponsor? I just don't know what I am meant to do for money if I can only work for the one person (unless I get a visa, but that seems just as difficult - I have held many visas in my time and was so excited to not have to convince an employer to sponsor me).

Honestly, if it wasn't costly and difficult I would look into malpractice as this is one small issue in a long line of communication mix-ups and delays that my immigration firm has caused me -- I have tried every kind of stern email/phone call/gentle reminder/reprimand to try to procure better service from them, and still they seem to fail me.

[scientist2016]

Hi guys,

I have had it up to here with my lawyers. I feel I speak to a new person at the firm every time I have a question/move to a new step of my process and they are constantly giving me conflicting information that throws me into total panic. For instance: they have always told me that my EAD, which arrived a few weeks ago, will allow me to work for anyone as I await the green card itself. So I interviewed for some positions - my green card employer will not contract me on until my green card itself arrives - and I managed to secure a job. But as I was speaking to someone at my firm in preparation for my interview in October I asked her if I should disclose that I have a new job coming up, and she told me that though "many lawyers" would say your work permit allows you to work for anyone, an employment-based AOS means you cannot work for anyone except your sponsor using the EAD. I told her this is not the information I have gotten from anyone, any time, and I have never read nor heard of restrictions on the EAD, and she said she would look into it again and follow up, but for now I am very worried.

Has anyone here used their EAD to hold work that is not for their green card sponsor? I just don't know what I am meant to do for money if I can only work for the one person (unless I get a visa, but that seems just as difficult - I have held many visas in my time and was so excited to not have to convince an employer to sponsor me).

Honestly, if it wasn't costly and difficult I would look into malpractice as this is one small issue in a long line of communication mix-ups and delays that my immigration firm has caused me -- I have tried every kind of stern email/phone call/gentle reminder/reprimand to try to procure better service from them, and still they seem to fail me.

Your EAD allows you to work for anyone any time. For e.g., even if you were working for your sponsoring employer, you could use the EAD to work for some one else on the side. So it should not matter who are you working for and for how many hours. The whole purpose of the EAD is to give you flexibility to work anywhere any time (as opposed to being tied to a single/particular employer for 40hrs./week as would be the case of a H1 or L1 visa).

[newacct]

Hi guys,

I have had it up to here with my lawyers. I feel I speak to a new person at the firm every time I have a question/move to a new step of my process and they are constantly giving me conflicting information that throws me into total panic. For instance: they have always told me that my EAD, which arrived a few weeks ago, will allow me to work for anyone as I await the green card itself. So I interviewed for some positions - my green card employer will not contract me on until my green card itself arrives - and I managed to secure a job. But as I was speaking to someone at my firm in preparation for my interview in October I asked her if I should disclose that I have a new job coming up, and she told me that though "many lawyers" would say your work permit allows you to work for anyone, an employment-based AOS means you cannot work for anyone except your sponsor using the EAD. I told her this is not the information I have gotten from anyone, any time, and I have never read nor heard of restrictions on the EAD, and she said she would look into it again and follow up, but for now I am very worried.

Has anyone here used their EAD to hold work that is not for their green card sponsor? I just don't know what I am meant to do for money if I can only work for the one person (unless I get a visa, but that seems just as difficult - I have held many visas in my time and was so excited to not have to convince an employer to sponsor me).

Honestly, if it wasn't costly and difficult I would look into malpractice as this is one small issue in a long line of communication mix-ups and delays that my immigration firm has caused me -- I have tried every kind of stern email/phone call/gentle reminder/reprimand to try to procure better service from them, and still they seem to fail me.

An EAD allows you to work for any employer. However, if you quit your job with the employer who petitioned you to immigrate, then they will usually withdraw your I-140. Then the question is what happens. If your I-485 has been pending for at least 180 days, their withdrawing the I-140 does not cause it to be revoked; as long as you continue to work in a similar job (either on EAD or on H1b or on something else), your I-140 and I-485 will continue to be processed; USCIS might ask you to fill out Supplement J in that case. If your I-485 has been pending for less than 180 days, then withdrawing the I-140 will cause it to be revoked, and your I-485 (and EAD) would also be void.

[laeb3]

Your EAD allows you to work for anyone any time. For e.g., even if you were working for your sponsoring employer, you could use the EAD to work for some one else on the side. So it should not matter who are you working for and for how many hours. The whole purpose of the EAD is to give you flexibility to work anywhere any time (as opposed to being tied to a single/particular employer for 40hrs./week as would be the case of a H1 or L1 visa).

Thank you - this is the understanding I have had of the EAD for the past 3 years of this process. I've just been so thrown for a loop by this new person at my firm suddenly telling me this is not true of employment-based green cards. It's highly unsettling as I obviously don't want to do anything that would jeopardise my green card.

- - - Updated - - -

An EAD allows you to work for any employer. However, if you quit your job with the employer who petitioned you to immigrate, then they will usually withdraw your I-140. Then the question is what happens. If your I-485 has been pending for at least 180 days, their withdrawing the I-140 does not cause it to be revoked; as long as you continue to work in a similar job (either on EAD or on H1b or on something else), your I-140 and I-485 will continue to be processed; USCIS might ask you to fill out Supplement J in that case. If your I-485 has been pending for less than 180 days, then withdrawing the I-140 will cause it to be revoked, and your I-485 (and EAD) would also be void.

I do not currently hold a position with my petitioner - I am here on an E-3 visa and my job with that employer concluded. My petitioner is not going to revoke my I-140; they are waiting for my green card to employ me. My EAD has subsequently arrived and in the interim I have found another job. My confusion is that someone at my firm is now telling me I cannot use the EAD for anyone but my petitioner.

[scientist2016]

Thank you - this is the understanding I have had of the EAD for the past 3 years of this process. I've just been so thrown for a loop by this new person at my firm suddenly telling me this is not true of employment-based green cards. It's highly unsettling as I obviously don't want to do anything that would jeopardise my green card.

Your understanding appears to be correct and the information passed on by the new person does not make sense.