140 pending - applying 484

[anchoori]

Can any one know whether can I get EAD and Adv payroll even if my I140 is pending (Due to Security clearence it may take one or two years.). or do i need to wait for few years to get EAD to clear the Security check for my I140.

 

[BobbyZee]

Can any one know whether can I get EAD and Adv payroll even if my I140 is pending (Due to Security clearence it may take one or two years.). or do i need to wait for few years to get EAD to clear the Security check for my I140.

As for as i know, you can get EAD and AP if you 485 is pending. Cos you are eligible to apply. To use it or not use is the question as the outcome 140 is not certain.

 

[kiran_k02]

You need to have I-140 approved and also you need to have your I-485 pending for 6 months, if you meet above two conditions then you are eligible for EAD.

K

 

[anchoori]

Ead

I dont think that 140 should be approved to get EAD. According to our lawyer, even though the i140 is pending , I am eligible to get the EAD and AP.

if anyone knows, please let us know.

 

[kiran_k02]

Thanks for correcting me. What I just said in my previous reply was for AC21 portability.

You are eligible to apply for EAD even if your I-140 is still pending.

K

 

[murthy_1982]

What will happen if my I140 gets rejected after I get the EAD. Will I have to start the GC process all over agin. My I140 was sent to Admins Appeals Office by TSC and it is 6 months now...no results yet. Is it ok to file for
I485??

Another option my attorney is suggesting is file for I140(resubmit) and I485 parallely and ignore the previous I140 submission...is that OK. Will it work ??

Note : My I140 is filed based on a substituted labour