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Those who file concurrent I-140/I-485 submission should familiarize themselves with the BCIS practice on issuance of EAD pending adjudication of I-485 applications. Basically, they should remember three rules of the current BCIS policy:
Rule 1: Pending I-485, the applicant is eligible to apply for EAD. If the EAD is not issued by the Service Centers within 90 days, the applicant should obtain Interim EAD at the local district offices, which the local offices should not deny.
Rule 2: Running of 90 days stops when the Service Centers issue RFE for initial evidence with reference to the underlying I-140. When the requested initial evidence is received by the Service Centers, the 90-day clock starts to run all over again. The previously suspended time does not count in counting the new 90 days.
Rule 3: EAD is issued "valid from the date of decision," and does not retroactively go back to the expiration date of the current EAD in the case of EAD renewal. If there is a gap between the two EADS and he/she works during the period of gap, it should constitute an unauthorized employment.
Source: http://www.immigration-law.com
Rule 1: Pending I-485, the applicant is eligible to apply for EAD. If the EAD is not issued by the Service Centers within 90 days, the applicant should obtain Interim EAD at the local district offices, which the local offices should not deny.
Rule 2: Running of 90 days stops when the Service Centers issue RFE for initial evidence with reference to the underlying I-140. When the requested initial evidence is received by the Service Centers, the 90-day clock starts to run all over again. The previously suspended time does not count in counting the new 90 days.
Rule 3: EAD is issued "valid from the date of decision," and does not retroactively go back to the expiration date of the current EAD in the case of EAD renewal. If there is a gap between the two EADS and he/she works during the period of gap, it should constitute an unauthorized employment.
Source: http://www.immigration-law.com