2 EAD/AP petitions

[GCSeekerInd]

Hi All,

What happenned is that 2 EAD & AP petitions were filed for me in VSC one my behalf and other on my wife's behalf.

My wife thru her employer filed for 485 last year and I did not take EAD/AP on this. I continued using H1.

My labor filed by employer also got cleared this year and a separate 485 petition with EAD/AP was about to be filed but I was laid off.I was told that GC process is being stopped/revoked. However my lawyer proceeded with the filing.

Without knowing this I filed my EAD/AP basing my wife's 485 petition. After knowing that my earlier employer's attorney has filed 485 with EAD/AP, I requested him to withdraw his petition. He did sent the withdrawl letter to BCIS but this EAD petition is approved. AP still pending.I don't want to use this EAD/AP but I want to use the EAD/AP(when approved) filed on my wife's petition.

Now not sure what will happen to other EAD/AP filed based on my wife's 485 petition.

Anybody in a similar situation earlier? What will happen??

Any ideas..

 

[jaxen]

Given BCIS and current attitude of you know who, I would not advice taking the bait of using this EAD. So your decision is a wise one.
You can
1. Wait till 90 days from the RD of the EAD you want to use and go to local BCIS (if ead is not approved) and get interim EAD. If questioned aboutthe approved EAD (not likely, since the receipt number are the key to the trace), tell them that the I485 based on which EAD was applied might not be valid and so you are going to wait for the right kind of EAD

2. Write to BCIS to clarify (If and only if the alien numbers are the same) since this EAD was issued based on the A#, can you go ahead and use this EAD for work and be linked to the other pending I485 (as derivative)? I think that you need a lawyer's intrepretation on this issue.

3. Return this EAD and wait for the one you can use.

 

[ginnu]

What happenned is that 2 EAD & AP petitions were filed for me in VSC one my behalf and other on my wife's behalf.

My wife thru her employer filed for 485 last year and I did not take EAD/AP on this. I continued using H1.

My labor filed by employer also got cleared this year and a separate 485 petition with EAD/AP was about to be filed but I was laid off.I was told that GC process is being stopped/revoked. However my lawyer proceeded with the filing.

Without knowing this I filed my EAD/AP basing my wife's 485 petition. After knowing that my earlier employer's attorney has filed 485 with EAD/AP, I requested him to withdraw his petition. He did sent the withdrawal letter to BCIS but this EAD petition is approved.
*** Your LC was approved and your employer told you that your GC process is stopped but the lawyer filed I-485 based on employer LC, I-140 and BCIS approved your EAD, it clearly means that your employer has not withdrawn I-140 for you at the time BCIS issued you EAD, this EAD is legal document to work and you can work with that EAD till the time BCIS does not inform you that you can not use that EAD, they will send a letter to you if they revoke it, till the time you don’t receive such letter you are allowed to work with that EAD


AP still pending.I don't want to use this EAD/AP but I want to use the EAD/AP(when approved) filed on my wife's petition.
--- that is up to you
Now not sure what will happen to other EAD/AP filed based on my wife's 485 petition.
-- That will also get approved, you paid the fees and you are eligible for that
anybody in a similar situation earlier? What will happen??
---- Nothing will happen, once you have EAD approved by BCIS it is valid till the time they don’t send you a letter that it has been revoked. How do you know that is not valid EAD? BCIS has issued to you after verifying your papers and it is Valid EAD
-- I know a case where person worked for A, and A sponsored his LC, I-140 and then I-485 was filed and after filing I-485 he was forced to leave the company he had got EAD, AP, he used EAD and his spouse also used EAD, his I-140 was revoked by employer after his I-485 was pending only for 130 days, but his I-485 crossed 180 days.

Joined new employer with EAD and applied new H1, got H1 visa stamped and entered on H1 status, maintained H1 status filed new LC through new employer that was approved ,filed I-140, and I-485 with the A# that was assigned at earlier I-485 receipt notice, applied EAD, AP got EAD and AP for both spouse and self, spouse started working on EAD, joined approved I-140 with pending I-485 that was filed at the time when he was with company A, got I-485 approved and got GC, no questions were asked about the use of EAD through A ( he did not use AC21)