L1A married with US citizen interested in change job. (I-765)

[Luis Oliveira 0]

Hello, I am a holder of a L1A, living in US for more than 3 years and recently married with an US citizen, both living together in the US. I am preparing my package to a concurrent filling.

As a L1A visa holder, I am authorized to work to a (one) specific company and I'd like to have the possibility to change my current job while waiting for the USCIS processing.

I was following the excellent guide provided here until I get to the I-765 where while reading instructions:

"If you are a lawful permanent resident, a conditional resident, or a nonimmigrant authorized to be employed with a specific employer under 8 CFR 274a.12(b ), do not use this form."

What are my options?

If I can use this form:

- what would I be applying to? Permission, replacement or renewal?

- what you be my "16.In the space below, place the letter and number of the category you selected from the instructions (For example, (a)(8), ©(17)(iii), etc.)."?

Thank you very much for your help!

Luis.

[Luis Oliveira 0]

Please, help me with this issue. I have my package ready, just missing this detail.

[Chica Yeyé 41]

Have you read the VJ guides?

[FortLaudy 10]

Have you read the VJ guides?

You already have an EAD, right?? Someone who already has an EAD can only renew it on expiration... to change the conditions of it right now is not possibly.

You're going through the right process. AOS.

If you want to switch jobs etc. go through AOS, after you get your GC you can work for whoever you want, you cannot change the condition of your EAD whilst waiting.

[Luis Oliveira 0]

I read the VJ guides but I couldn't find anywhere a situation that specific.

Yes, I have SS with "Valid only INS authorization", I am afraid the process might take long and being without the mobility of changing jobs.

It's strange that someone filing I-485 and I-130 concurrently can fill 765 and work for whoever he/she wants and I can't.

Is there an work around? Should I consult with a lawyer?

Edited December 30, 2009 by Luis Oliveira

[Luis Oliveira 0]

In fact, I'm not sure if I have an EAD. I do have a restricted SS card and a I-797A Notice of Action which ties me with the company I am currently working.

[FortLaudy 10]

I must confess, I don't know about this 100%... but it would make sense to me why someone cannot apply for an EAD if you already have an Employment Authorization Document (Your SS Card saying you can work for such such company).

Filing I-765 is for people who have never had employment authorization in the US before.... or the authorization they had, had expired.

The employment authorization document that you have might not be referred to as an EAD, but in fact it is a document authorizing you to work in the USA... I would go as far as saying you cannot have two such documents. Your best bet right now is to file and just wait for that GC which would replace any work authorization card you have.

Also, you're in the wrong forum... since you're adjusting from a work visa, you're not adjusting from a family based (K1 etc.) visa, but from work etc. try to find your answer in this forum:

http://www.visajourney.com/forums/index.php?showforum=130

[FortLaudy 10]

http://www.visajourney.com/forums/index.ph...p;page=otheraos

Just found this on VJ, the top part seems to apply to you...

[marie09 5]

Hello, I am a holder of a L1A, living in US for more than 3 years and recently married with an US citizen, both living together in the US. I am preparing my package to a concurrent filling.

As a L1A visa holder, I am authorized to work to a (one) specific company and I'd like to have the possibility to change my current job while waiting for the USCIS processing.

I was following the excellent guide provided here until I get to the I-765 where while reading instructions:

"If you are a lawful permanent resident, a conditional resident, or a nonimmigrant authorized to be employed with a specific employer under 8 CFR 274a.12(b ), do not use this form."

What are my options?

If I can use this form:

- what would I be applying to? Permission, replacement or renewal?

- what you be my "16.In the space below, place the letter and number of the category you selected from the instructions (For example, (a)(8), ©(17)(iii), etc.)."?

Thank you very much for your help!

Luis.

Hey Luis, I didn't have an L1, but I did have a work visa tied to a specific employer (H category.) I was told on these forums that a work visa - tied to an employer is not considered employment authorization when filling out the I-765 if you have never had an EAD card before. So on question 11 I checked `no' to if i'd previously applied for employment authorization. At the beginning I checked `permission to accept employment' and my eligibility on question 16 was © (9) which is basically for anyone adjusting status from a work/student visa based on marriage to a US citizen.

I also included with the I-765 a copy of my work visa/I-94.

I think where the instructions are talking about non-immigrants who can only work for a specific company I think they are referring to if your employer is now sponsoring your green card. Those non -immigrants probably have to fill out a different form to an I-765... Not for if you're adjusting based on marriage.

Once you have your EAD you will be able to work for whoever will hire you (excluding a few government jobs etc that require citizenship.) Bear in mind the EAD can take up to 90 days to arrive though some come in under 2 months...

Good Luck

[marie09 5]

In fact, I'm not sure if I have an EAD. I do have a restricted SS card and a I-797A Notice of Action which ties me with the company I am currently working.

Ooo also you mentioned you have I797A notices of action - that is what I had too for my work visa. I applied for EAD (not approved yet but my application is processing) my work visa was valid at the time though is now expired. there's some others that have applied for EADs even though they still have valid work visas. In this economy I think it's a good safe guard!

[FortLaudy 10]

Thanks for helping sister Marie, I think you had the answer !

[marie09 5]

Thanks for helping sister Marie, I think you had the answer !

You're welcome lets hope so... I think you really helped the OP too - I looked at the link below and it explains pretty much what I thought a lot more eloquently!

http://www.visajourney.com/forums/index.ph...p;page=otheraos

Just found this on VJ, the top part seems to apply to you...

[Kathryn41 3,205]

Moved from AOS from a family based visa to AOS from a Work, Student & Tourist Visa as OP is adjusting from a work visa

[kittens_0117 5]

Ooo also you mentioned you have I797A notices of action - that is what I had too for my work visa. I applied for EAD (not approved yet but my application is processing) my work visa was valid at the time though is now expired. there's some others that have applied for EADs even though they still have valid work visas. In this economy I think it's a good safe guard!

Hello -

I am also under L1A - I have the I-94 and the visa plus the fully approved original copy of the L1 petition which is still valid and all, but the employer did not give me the I797A documents. I am checking with them but is it going to be an issue when filing for AOS if I don't have a copy of the I797A document? What if my employer just doesn't want to give it to me?

I never realized I had it because during my first (and so far, last) entry to US, the USCIS officiers didn't ask for the I797As.

I am trying my best but if my employer's giving me a hard time I just want to be ready with what I need to do.

Thanks!

[marie09 5]

Hello -

I am also under L1A - I have the I-94 and the visa plus the fully approved original copy of the L1 petition which is still valid and all, but the employer did not give me the I797A documents. I am checking with them but is it going to be an issue when filing for AOS if I don't have a copy of the I797A document? What if my employer just doesn't want to give it to me?

I never realized I had it because during my first (and so far, last) entry to US, the USCIS officiers didn't ask for the I797As.

I am trying my best but if my employer's giving me a hard time I just want to be ready with what I need to do.

Thanks!

My I797A's were for extensions not for the original entry visa. My I797A's were replacement I-94s for an expired I-94... If that makes sense. So you probably wouldn't have any unless you'd extended your visa. I think with visa, I-94 & copy of petition - you'll be all set as that's all I had too until i extended my visa! In fact in the interview, they only wanted my original I-94 not any of the I797As. Good luck & don't worry