Advise me please......

2

2464

Registered Users (C)
Dear friends

My EB2-NIW is pending with NSC for more than a year. Though I ma from India bcos of august bulletin I could apply I485 too. My question is; Do you think it is ok if I start working on EAD? My J1 is going to expire by June and I am still in search of looking H1 sponsorship. I know If I use EAD I can join in a job tomorrow.
 
Yes, it's okay to start working on EAD. You will lose your J-1 status though. Have you gotten a waiver of the J visa home residency requirement, if applicable? I ask to make sure that your I-485 is deemed properly filed, since your EAD is based on a properly filed I-485.
 
Hi,
Has the I-140 associated with your EB2-NIW been approved? From your message it appears that you do not have I-140 approved yet, i.e., the actual NIW.

If not approved, it is not advisable to start working on EAD which you have based on your 485/AOS filing. That's because if your I-140 gets denied, you will be out of status and the no. of days that you work on your EAD will be all counted as illegal employment.

Of course, if you cannot extend J1 and don't have H1, then you don't really have a choice. But isn't J-1 for 5 yrs now?
 
Thanks for your input

My 140 has't been approved yet. Iam frustrated in waiting. If they say yes or no we can work on other options, but NSC is killing by keeping people wait.
 
I am mainly worried about changing job. My present employer can't sponsor me h1. If i change the job still 485 would be standing good? I don’t really understand AC21; even if my 140 is approved under NIW if I change the job does it affect 485? Of course i am not changing intentionally. There are many questions I am searching answers for.
 
NIW is not related (by definition) to a sponsor, so AC21 is not applicable here, theoretically.
 
Since NIW is self sponsored, AC21 does not hold.

However, to reiterate what I said before, if your I-140 is not approved and you start working on EAD based on 485 filing, which is actually linked to your I-140,
if your I-140 gets denied, then you will be in trouble since all the days you worked on EAD are counted as out of status employment.

That is why it is never advisable to work on EAD until I-140 is approved.

In fact, even if I-140 is approved and one works on EAD, during the actual I-485 adjudication, they can always ask to re-verify that you are still working in the same field as your NIW/I-140 petition. But that's a different issue.

Mine is also a EB2-NIW case. I'm working on EAD now, 485 still pending. But I started working on EAD only after I-140 was approved and I'm still working in exactly the same field as my NIW.

However, note that if you do not have any other option, i.e., you cannot get H1-B, and you can't extend J1, then you have no choice but to use EAD. You have to take that risk. As far as USCIS is concerned (and all applicants who are still waiting for their GC/485 approval), it does not matter at all whether you are in this situation intentionally or non-intentionally.

Many people are in different kinds of situations, mostly for no special fault of theirs.
It is solely your problem and you have to learn to deal with it.

My 2 cents.
 
I bona fide I-485 application does not put you out of status retroactively even if its denied. Same applies for EAD.
 
Thank you GCforTRAVELl for your details, I do agree with you. I can't leave the field of my NIW it is my life, I am going to work in the same field.
can you please elobarate nscagony I am new to all these terminology.
 
sorry guys, I meant to say change of employer in my posting instead of change of job, I just realised.
 
I have a question which may be applicable to 2464 situation. I have posted that question before but would like to get inputs from you.
I am also on a J-1 with an approved I-140 NIW. I haven't applied for my I-485 yet so I am still working on J-1 status. However, I am probably not subject to the 2 year home residensy requirment. Can I renew my DS-2019 with a pending 485 in order to keep my J-1 status during a pending AOS keeping in mind that I have not applied for a J-1 waiver?
thanks
hnks
 
There is no clear answer to hnks' question because USCIS hasn't been absolutely clear. On one hand, there was a ruling a number of years ago (I can't remember where I read this now but search my earlier posts for the link) that stated that a person in F or J status is no longer in that status after filing for adjustment. However, this is generally not implemented and not frowned upon. So I guess the answer is that you're not supposed to be able to extend a DS-2019 after you file for adjustment of status, but it may be possible. One thing you cannot do for sure is leave the country and expect to be readmitted on a J visa after you have applied for I-140 or I-485 (yes even I-140 by itself) since a J visa is conditioned on not having immigrant intent, and by submitting an immigrant petition you have indicated your intent to immigrate, so the immigration officer at the airport will not admit you even if your visa is valid.
 
Obtain only vs. Work using an EAD - which invokes abandonment risk?

Good morning everyone,

A quick question on obtaining an EAD while AOS application is pending, and J or H will expire soon -- please. My understanding is that there would be no harm done had a pending adjustee applies for and obtains an EAD but keeps current nonimmigrant status (i.e., H or J). That is, keep the EAD in the back pocket as a plan B. It is only when you use for work that you are considered abandoning you H or J, or whatever nonimmigrant status. Is this Correct?

Thanks guys/gals,

Stranger

Applied I-140 and I-485 conc. July 30, 2007 (Case status received and pending)
FP in November
H1B expires on August 2008
 
To my understanding, yes, before you use the EAD physically you are still OK for H or J etc, your H or J are still valid. Yes, you can store that EAD in your pocket while using H or J.
 
You file I-485 and continue on J-1, there is absolutely no problem. But
you cannot renew DS-2019, you cannot stamp J-1 and enter into US as J1
 
Is it really true that one becomes out of status/becomes illegal retroactively if he/she uses the EAD on pending I-140 and later on the I-140 is rejected?? I thought otherwise
 
Most of what GCTRAVEL said is correct except one: when your 140 is denied, you will be out of status immediately but it does not have retrospective influence.
 
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