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gemini23
07-27-2007, 09:34 AM
Can someone with a EAD be in US without a job (say for 1-2 months). Would he be out of status. Will he have any problemsin renewing ead?

jfredr
07-27-2007, 10:00 AM
can someone please throw some light if any idea

madhu345
07-27-2007, 10:06 AM
I don't think its required to work 100% while you an EAD, most of us apply EAD for spouses along with us, but how many are going to start work?

indianabacklog
07-27-2007, 10:32 AM
I don't think its required to work 100% while you an EAD, most of us apply EAD for spouses along with us, but how many are going to start work?
EAD is like a free pass to "living". You have the choice to work, not to work, work for yourself, change employer when you wish etc.

However, if you are the primary applicant if at all possible stay with your H1B employer and let your dependent have this luxury.

waitin_toolong
07-27-2007, 11:07 AM
it is ok for the derivative applicant to not be working, but if the primary who os geeting the GC on the basis of employment does need to be employed at the time of approval.

1-2 months off will not matter. If the I-485 stays pending for too long they can raise RFE for current employer letters and other specifics, you will need to have a job lined up at that time.

gemini23
07-27-2007, 11:23 AM
thanks for answering. I guess this is a stupid question, but i have one.

would the applicant need to have a job while applying for EAD renewal?

USDream2Dust
07-27-2007, 02:20 PM
I am liking the answers. Also looks like my PD is sept 2006 and it would be a while before they approve my case. Meaning I can take off for couple of month go on vacation, come back, look for job, find a decent job and start working.

when in far future they approve me I need a letter from my new employer stating that I am working (not from original employer right?)

cdeneo
07-27-2007, 03:01 PM
What if one decides to go back to school to get another degree when on EAD, is this possible?

The only issue I see is that you need to have a job lined up when your GC is close to approval and you get a RFE for proof of employment for example - is it a norm to get this kind of RFE or at most times you just get the approval notification for the GC?

Any insight in this regard will be very much appreciated.

ash12
07-27-2007, 03:11 PM
Related to the questions on this thread.

What happens when:
AOS has been filed and it is more than 180 days AND
dependent has started working on EAD AND
primary applicant loses job

Case 1: primary applicant is also on EAD
Case 2: primary applicant continues on H1 without using EAD

Do the primary applicant and/or spouse become out of status in either of these situations? Can the primary applicant invoke AC21 and look for another job - how much time does he/she have? i.e. does the AOS filing provide primary applicant a cushion in case of job loss?

thanks!

venky08
07-27-2007, 03:52 PM
Related to the questions on this thread.

What happens when:
AOS has been filed and it is more than 180 days AND
dependent has started working on EAD AND
primary applicant loses job

Case 1: primary applicant is also on EAD
Case 2: primary applicant continues on H1 without using EAD

Do the primary applicant and/or spouse become out of status in either of these situations? Can the primary applicant invoke AC21 and look for another job - how much time does he/she have? i.e. does the AOS filing provide primary applicant a cushion in case of job loss?

thanks!
the key is that in any case, if the applicant does not have a H1-B backup and is solely relying on EAD, then he/she needs to make sure that the I-485 should not be denied. because if it does, it automatically makes the applicants out of status forcing them to leave the country. so it is always safe to have H1-B status maintained eventhough you have EAD. my2c

gemini23
07-27-2007, 04:21 PM
thanks for all the answers.

indyanguy
07-31-2007, 12:02 PM
Damn.. with this fear of what might happen to our I485s, it becomes almost natural to everyone not to use their EAD and maintain their H1 status. It sucks not to be able to enjoy the benefits even when we have it!! or am I overreacting? :)

vinabath
07-31-2007, 12:05 PM
Damn.. with this fear of what might happen to our I485s, it becomes almost natural to everyone not to use their EAD and maintain their H1 status. It sucks not to be able to enjoy the benefits even when we have it!! or am I overreacting? :)

You are not. EAD is basically for spouse. Primary applicant need to be careful on using EAD.

chanduv23
07-31-2007, 12:08 PM
Changing employers on EAD after 180 days, this is what I heard

We need to update the 485 file by sending in the following documents

(1) Last paystub of previous employer
(2) New employment letter
(3) First paystub of current employer

You can be without getting paid in between jobs but may have to be quick. A lot of people when they decide to change jobss on EAD, take a vacation from work for a month or so, come back and work for the last paystub and then move to a new job.

Can you do multiple jobs and start ur business on EAD ? I don;'t know, maybe someone else could answer this

chanduv23
07-31-2007, 12:10 PM
You are not. EAD is basically for spouse. Primary applicant need to be careful on using EAD.
I second that. EAD must be used only in dire circumstances like exploitative employer, low salary, layoff, fired, etc.. if you are having a decent job and good pay, you are better off to be on h1b as much as possible

indyanguy
07-31-2007, 12:17 PM
You are not. EAD is basically for spouse. Primary applicant need to be careful on using EAD.

When you say careful, what do you think needs to be avoided? What are the dos and dont's of a primary applicant who wants to use their EAD?

brav
07-31-2007, 12:20 PM
After going through all this , now we are hearing discussions that it is safe to maintain a H1B, (just) in case the 485 gets denied.

I for one would take my chances and switch from H1B to EAD.

continuedProgress
07-31-2007, 12:27 PM
I'm taking chances as well..... switching to EAD on day 10, if not earlier.
If probable causes of AOS denial aren't discussed elsewhere, maybe some one knowledgeable can throw some light on the subject.

vinabath
07-31-2007, 01:54 PM
When you say careful, what do you think needs to be avoided? What are the dos and dont's of a primary applicant who wants to use their EAD?


Dont use.
1. If your 140 is pending.
2. If you are still single. You cannot bring the spouse on H-4.
3. If you think that it may take 3 years to get your GC.

Use. This is a tough one. I do not suggest using it.
1. You got a nice solid employer who does not care what you do after 40 hours. Want to make some extra money.