140 issue. Please help!

[rahuliit]

Hi there,

My I-140, I-485 (Adjustment of Status), EAD-application was filed through company A in April 2004. In June 2004, I left company A and joined company B. Recently, I have received my EAD card and also received a finger-printing notice from INS. Still my I-140 and I-485 are not approved. I want to know:

- How good is the EAD without I-140 and I-485 approved. What I can use it for?
- Is it possible for my previous employer (company A) to withdraw I-140/485 application? In that case, what will be the consequences? Will my EAD be still valid?
- Is it advisable to start my whole Green-card process starting from labor-certification with company B? What will be the pros and cons of that approach?

I am novice in this field. I'll really appreciate anyone who can shed some light on this issue.

Everyone is invited!
Thanks.

 

[Hawa Hawa]

answers

Hi there,
My I-140, I-485 (Adjustment of Status), EAD-application was filed through company A in April 2004. In June 2004, I left company A and joined company B. Recently, I have received my EAD card and also received a finger-printing notice from INS. Still my I-140 and I-485 are not approved. I want to know:

- How good is the EAD without I-140 and I-485 approved. What I can use it for?
its not bad getting EAD without 140 and 485. everyone gets it.
U can use it to work legally in USA

- Is it possible for my previous employer (company A) to withdraw I-140/485 application?
Yes

In that case, what will be the consequences? Will my EAD be still valid?

your EAD and AP will be invalid.

- Is it advisable to start my whole Green-card process starting from labor-certification with company B? What will be the pros and cons of that approach?

do u have good relationship with company A ? if so u can continue u r green card processing through company A while working for company B(but let them know to respond and RFE's from INS).if not , then u have to depend completely on company B..and then start with new labor through company B.

I am novice in this field. I'll really appreciate anyone who can shed some light on this issue.

Everyone is invited!
Thanks.

 

[ginnu]

rahuliit

--- 1 employer who filed I-140 and I-485 can still REVOKE or withdraw the I-140 ( word Revoke is used when I-140 was approved, Withdraw is used if I-140 is not approved)
2 Once I-140 is withdrawan or revoked EAD, AP I-485 all will be invalid or denied
3 file LC through new employer as Back up ASAP, better NOT to USE EAD, once you use EAD you will NOT be on H1 status and cannot file H1 extensions.
4 Request your past employer NOT to withdraw your I-140 (or enter a deal with him). if you are sure that he is not going to send letter to USCIS to withdraw the I-140 then keep quiet and keep on checking Online status of I-140 if any RFE request him to reply if Approved then keep quiet and come back to us
** better dont use the EAD at this time