EAD - Going to be laid off 2010 mid Jan

[voidy]

Hello and thank you so much for your service.

I have valid EAD till Aug 2010 and I am going to be laid off in mid jan 2010. How long can I stay in US and continue to look for employment?
How do I get an extension on the EAD beyond Aug 2010?

Is there anything I need to ask my employer to do on my application?

Thank you.

[martinvisalaw]

If you have a 485 pending, you can remain in the US while that is being processed. You might get a Request for Evidence from CIS asking for evidence that you have a job offer for when the 485 is approved, an this could be a problem if you are unemployed. You are allowed to change jobs if you have reached a certain point in the permanent residence processing, however you must remain employed, or at least have a job offer for when the 485 is approved.

[voidy]

Thank you so much for your response. s it possible to get an EAD extended by myself?

[gcformeornot]

Originally Posted by voidy

Thank you so much for your response. s it possible to get an EAD extended by myself?

does not require any employment proof. Just ID documents, Photo and copy of 485 receipt should be sufficient to renew EAD. You can file it your self online.

[powerman]

Thanks Elaine Martin,

With Pending I-485 (over 180 of approve I-140) and EAD, a person start IT S/W development/IT Services firm, can he self sponser himself when USCIS ask for current/future employment? company will have income and client project in hand.

[martinvisalaw]

Originally Posted by powerman

Thanks Elaine Martin,

With Pending I-485 (over 180 of approve I-140) and EAD, a person start IT S/W development/IT Services firm, can he self sponser himself when USCIS ask for current/future employment? company will have income and client project in hand.

A person can port to self-employment under AC21, if the new position meets the usual AC21 requirements. See my blog post here for details: Law Office of Elaine Martin - immigration news: AC21.

[voidy]

How long does it take it get the EAD extension? With an expiry of Aug 2010 when should I file for extension?

[martinvisalaw]

Originally Posted by voidy

How long does it take it get the EAD extension? With an expiry of Aug 2010 when should I file for extension?

I recommend applying about 5 months before the EAD expires. You might have an overlap, but that's better than a gap in EADs.

[maddipati1]

u can apply for renewal only 4 months before expiry and i strongly recommend to apply on the first day of eligiblity. voidy, just search in IV forums, these r easy questions.