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Validity of EAD after being laid off within 6 months of AOS

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  • Validity of EAD after being laid off within 6 months of AOS

    Would like to know if an I485 AOS application after securing EAD, is laid off within 6 months of filing the application, can this person seek employment with other employers for the rest of the period available on the EAD.

    Does the employment have to be in the same and similar occupation. Is this action legal

    Secondly, can a person with EAD work for a second job or part time job in any occupation OR
    does it have to be in the same or similar occupation

    THanks

  • #2
    Re: Validity of EAD after being laid off within 6 months of

    If six months have not passed since filing of I-485, you can not use EAD, either for first or for second job.
    Immihelp Support
    No legal advice. Use at your own risk.

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    • #3
      Re: Validity of EAD after being laid off within 6 months of

      INS law only says that they wish to be informed of a change in employment six months after filing an I-485, NOT that you must be with the petitioning employer for six months and then change jobs.

      You may use the EAD to look for new employment, but do it quickly and make sure it's in the same field and for similar pay. At the six month point after filing your I-485, your old attorney will help you draft a letter to the INS to inform them of your new situation.

      Be aware that the INS will contact your new employer to be sure that the employment is valid.

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