AC21 vs EAD

[vpadman]

Can someone please explain the difference between AC21 and EAD.

I am filing for 485 in July ( I am not filing for EAD/AP).

After 180 days, lets say that I want to switch jobs. What is the process for doing this?

Thanks

[naushit]

I am not 100% sure, but here is my opinion

EAD and AC21 are totally different things.

EAD just replaces your H1B.


And AC21 lets you switch Job after 180 days of filing.

So, If you have EAD you can switch job...and do NOT require H1B transfer, but IF you do not have EAD you will need to transfer your H1B.


But in any case, EAD/AC21 does not replace each other.

Hope I answered your question.

[coolmanasip]

AC21 and EAD are two different things.......

EAD is a "work permit" status that allows you to work for the same or any other emplyer while ur AOS is pending.....EAD allows you to continue work without renwing or maintaining your H1B visa.....

AC21 is a regulation that states that once your AOS has been pending for more than 180 days, you are allowed to change the job for a same or similar position without losing your greencard process.......

You do not have to use/apply for EAD to use AC21.....you can always transfer your H1 to the new employer......

hope this is helpful.......

[vpadman]

So , if I use AC21, is it valid for the duration of HI status ?

[ivvm]

Originally Posted by vpadman

So , if I use AC21, is it valid for the duration of HI status ?

AC21 is independent of the H1B status. If you use AC21, you are no longer on H1B..you are using your EAD/ AOS benefit to work and change jobs. The only catch is if your AOS takes time, and lets say your 2nd EAD isnt approved in time, then you cant work for the period for which you have no EAD.
Hope this helps!

[vpadman]

Originally Posted by ivvm

AC21 is independent of the H1B status. If you use AC21, you are no longer on H1B..you are using your EAD/ AOS benefit to work and change jobs. The only catch is if your AOS takes time, and lets say your 2nd EAD isnt approved in time, then you cant work for the period for which you have no EAD.
Hope this helps!

Lets say that I apply for 485 only(No EAD, No AP) this month
After 180 days, if needed, can I switch jobs using AC21 ? or would I first need to get an EAD before switching jobs?

[GC_ASP]

Originally Posted by vpadman

Lets say that I apply for 485 only(No EAD, No AP) this month
After 180 days, if needed, can I switch jobs using AC21 ? or would I first need to get an EAD before switching jobs?

Yes, you can switch jobs using AC21 after 180 days. You don't have to get EAD. But, you need to transfer your H1B to the new employer. If you change the job after 180 days and use AC21 then your H1B status doesn't change as long as you transfer your H1b to your new employer. If you use Ac21 after 180 days and work for the new employer using EAD, then you no longer in H1B status.

I hope you understand.

[turbo123]

How the 180 days are calculated? Is it from date of 485 filing or from date of 485 reciept?

[naushit]

my understanding its RD.

[cchaitu]

Hi,

If I have a permanent offer after 180 days of Receipt date (I 485)...

Is this offer should be in the same location (state) where my labor got filed ???

Please advice...

Thanks

[cchaitu]

Originally Posted by cchaitu

Hi,

If I have a permanent offer after 180 days of Receipt date (I 485)...

Is this offer should be in the same location (state) where my labor got filed ???

Please advice...

Thanks

Please Advice