Is EAD based on one specific I-485?

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cdhi2002

Registered Users (C)
Is EAD based on one specific I-485, or whenever I have any pending I-485, the EAD should be fine to use? For example, if I have two I-485 (NIW and Eb1) and filed EAD based on NIW I-485, when my NIW I-485 was denied, while Eb1 I-485 is pending, is that EAD still effective? If I already used EAD, will the denied NIW I-485 effect my AOS status?

Thank you,
 
cdhi2002 said:
Is EAD based on one specific I-485, or whenever I have any pending I-485, the EAD should be fine to use? For example, if I have two I-485 (NIW and Eb1) and filed EAD based on NIW I-485, when my NIW I-485 was denied, while Eb1 I-485 is pending, is that EAD still effective? If I already used EAD, will the denied NIW I-485 effect my AOS status?

Thank you,
Click to expand...
"Is EAD based on one specific I-485?"
------ Yes, if you got EAD on Base of Pending I-485 reciept# XXXXXX then that EAD is based on I-485 reciept # XXXXXXXX. if the I-485 Reciept # XXXXXXX gets denied then the EAD based on that I-485 becomes invalid.
 
ginnu said:
Yes, if you got EAD on Base of Pending I-485 reciept# XXXXXX then that EAD is based on I-485 reciept # XXXXXXXX. if the I-485 Reciept # XXXXXXX gets denied then the EAD based on that I-485 becomes invalid.
Click to expand...

I'm not convinced of this, if one has two I-485s pending. The grounds of eligibility would remain valid.
 
If one has Two I-485 Pending one I-485 with receipt # XXXXXX and one filed EAD based on that I-485#XXXXXX and got EAD then that EAD is based on I-485 receipt #XXXXXXX. If that EAD is going to expire then person can file EAD on the base of I-485 receipt #XXXXXXX OR one can file EAD based on the Second Pending I-485.

One is Eligible to file EAD based on any Pending I-485

"Is EAD based on one specific I-485, or whenever I have any pending I-485, the EAD should be fine to use? For example, if I have two I-485 (NIW and Eb1) and filed EAD based on NIW I-485, when my NIW I-485 was denied,
while Eb1 I-485 is pending, is that EAD still effective?"
---------------------You need to file EAD based on EB1 I-485
If I already used EAD, will the denied NIW I-485 affect my AOS status?
---------------No, as you have other I-485 Pending

If the poster Filed for EAD Based on NIW I-485 and then the NIW I-485 is denied then EAD has no base as his EAD was based on NIW I-485.
 
Can I file 2nd EAD based on Eb1? I heard it may be denied due to I already have one (my current EAD will be effective until April,2009, almost one year). I think If so, I may meet trouble when I apply (or renew) EAD next time. For example, to answer the question "whether we applied EAD before, and result", I probably need answer "denied". I think this will make my application not in good
shape.

any suggestion?

Thanks a lot.
 
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ginnu said:
If the poster Filed for EAD Based on NIW I-485 and then the NIW I-485 is denied then EAD has no base as his EAD was based on NIW I-485.
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No, while the poster filed the EAD on the basis of a certain I-485, the EAD remains valid so long as the poster has "any" I-485 pending.

Let's do a similar example. A child enters the US has an H-4 dependent of its H-1 father. Later, the mother enters the US on an H-1. Then, the father is laid off and loses H-1 status. Is the H-4 child out of status? No, because the rules for eligibility for an H-4 is that they be a dependent of an H-1 holder.

Same deal here I believe; the OP remains the beneficiary of a pending I-485, therefore the EAD would remain valid.
 
I don't know EAD. But I disagree with your H4 example. Let's say, there is a wife holds H4, her husband is H1 holder. If H1 busband finds a new job and get a new H1. Wife's H4 should be invaild, and needs to file a new H4 application.


TheRealCanadian said:
No, while the poster filed the EAD on the basis of a certain I-485, the EAD remains valid so long as the poster has "any" I-485 pending.

Let's do a similar example. A child enters the US has an H-4 dependent of its H-1 father. Later, the mother enters the US on an H-1. Then, the father is laid off and loses H-1 status. Is the H-4 child out of status? No, because the rules for eligibility for an H-4 is that they be a dependent of an H-1 holder.

Same deal here I believe; the OP remains the beneficiary of a pending I-485, therefore the EAD would remain valid.
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This discussion is also going on here because the poster asked the same question on another forum. What is useful to know is that he/she has the same A# on both I-485s and the EAD.
 
yuzhoutiankong said:
But I disagree with your H4 example. Let's say, there is a wife holds H4, her husband is H1 holder. If H1 busband finds a new job and get a new H1. Wife's H4 should be invaild, and needs to file a new H4 application.
Click to expand...

But that's not how it works; the H-4 is tied merely to the spouse being in H-1 status, not the actual petitioner or petition. I've switched H-1 jobs in the past and my wife's H-4 remained valid.
 
I called 2 lawyers today. They said EAD will be invalid even another 485 is pending. But one of them also said I can't have 2 I-485s. USCIS will combine them to be one. However, if so, it looks like even my NIW 140 is denied, 485 should be ok, so EAD should be fine.

I'm confused.
 
cdhi2002 said:
I called 2 lawyers today. They said EAD will be invalid even another 485 is pending.
But one of them also said I can't have 2 I-485s.
----------------------wrong info, one can have more than one I-485 pending and can file more than one I-485
USCIS will combine them to be one.
-------------- If USCIS looks at the file of one I-485 file and it seems approvable then if they approve it then second I-485 will be denied OR one can update USCIS that his/her I-485 receipt#... is approved on date… and sends request to withdraw second pending I-485 OR do nothing if one I-485 is approved and later USCIS pick up the second I-485 file then they will discover that the person got his I-485 approved and second I-485 is denied. USCIS is not automatically put all the Pending I-485 in ONE file. At the time of Citizenship all your files are consolidated and after Interview they are sent to USCIS National record center in one file .

However, if so, it looks like even my NIW 140 is denied, 485 should be ok, so EAD should be fine.

I'm confused.
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