The Importance of EAD in a Recession

http://www.greencardapply.com/news/news09/news09_0312.htm

Many alien applicants obtained their EADs as a result of the I-485 filings, when the priority dates became current in the employment-based categories. Many of these applicants are working in nonimmigrant statuses, as it is permissible under the dual intent doctrine for persons in H or L status to maintain their respective statuses while having pending I-485s at the same time. Thus, they do not need the EAD in order to work in their current H-1B or L-1 jobs.

These individuals are faced with the decision of whether to obtain the EAD or to renew an expiring EAD. They may be reluctant to spend the filing fee for something that is optional and may never be used. Now, U.S. is in a potentially long period of economic uncertainty, the cost of an EAD may be money well spent. Given that many EADs are issued with two-year validity periods, the likelihood that this is a wise decision is greater.

If an H-1B worker, with an I-485 pending, is laid off, she or he will not be able to maintain H-1B status without a new H-1B job. In order to maintain, without interruption, H-1B status within the U.S., it is necessary to find a new H-1B sponsor quickly. When there is advance notice of the layoff, this may be entirely possible. When there is little notice, however, combined with job shortages in a recession, it may be much more difficult to find an H-1B-sponsoring employer.

If the H-1B worker also has a valid EAD, this provides flexibility for locating and accepting new employment. There would be no need for the new employer to file an H-1B petition, or to worry about gaps between the last paycheck and the H-1B filing.

For primary beneficiaries, with employment-based I-485s pending, the job is key to having a chance for approval. The case may be eligible for approval even after a layoff, but not without a new job that meets the requirements of the AC21 portability provisions. Thus, finding a new job becomes a vital matter. It can be much easier to find a new job with an EAD, as it requires less effort and expense from the employer. It also allows employment to start on a same-day basis. http://www.greencardapply.com/news/news09/news09_0312.htm



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