I am on L1A and like many others, applied for concurrent I-140/485 in August. I have an EAD card but have not used it. I have some questions on converting to EAD:
1. What is the process of converting to EAD? How do I "use my EAD"? Do I simply submit a new I-9 form to my employer?
2. I want to earn some money from AdSense on my website, which I am hoping to incorporate as an LLC or Corporation (whichever is possible) some time this year. Can I use the EAD to do this while still continuing to be on L1A with my employer?
3. If I get my I-140 approved this year (keeping my fingers crossed and hoping for the best!), I can use AC21 to switch jobs. But in order to do that, should I be on EAD with my current employer? Or can I be on L1 and "use my EAD" to work for the new employer? How does the status change from L1A to EAD in that case, because my passport and I-94 have L1A status registered?
4. Can my employer refuse to let me convert to EAD?
I would greatly appreciate any help and guidance. Thanks!
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to putlake:
#1. Yes. Notify HR with the new I-9 and you are all set.
#2. You can earn money from Adsense via EAD while on L1A with employer. EAD covers you for multiple jobs
#3. Use EAD for new employer. The moment you inform the new employer with EAD info on I-9 your status is EAD. Passport comes into picture only when you enter the US again. You cannot use the L1A on passport after you start with new employer. You have to file AP and use that when entering the US next time.
#4. Quite possible. It depends on your relationship with employer and the guidelines they follow.
As mentioned by you, do all of this after your 140 is approved; given that it is already 180+ days since filing 485 it's a very safe option.
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to cyberbabu:
Thanks cyberbabu. Can you please elaborate/confirm on #2 and #4?
Doesnt #2 imply that I will be on 2 statuses (L1 with my employer and EAD for the 2nd source of income/business)? Is that legal?
And about #4 - once I submit a new I-9 to my employer, can they really refuse to accept it? Are they legally allowed to do that?
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to putlake:
#2: You can only be in one status at a time, either L1A or EAD. Just because you have an EAD doesn't mean you can start making money legally from adsense. You need to switch to using the EAD, which means you will need to inform your employer that you are now using EAD for employment with them.
#3: You can only use AC21 if your I-140 is approved. And you don't need to be on EAD to invoke AC-21.
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Thanks, Robin.
How does one officially tell ones employer that he is switching to EAD? Do I have to fill another I9? My employer is not "allowing" me to switch. They are recommending (rightfully so) to stay on L1 in case something goes wrong with GC processing.
I am aware of the risk but I want to still switch to EAD.
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