Can I apply for EAD based on pending I-485 after lay off ?

[joe_la]

Hi Guys,

I am wondering whether I should apply for EAD alongwith I-485 application or not. I've heard it can make a difference in case of a lay off and so wanted to confirm if EAD can be applied based on pending I-485 after lay off too ?

Thanks

 

[TheRealCanadian]

I am wondering whether I should apply for EAD along with I-485 application or not.

Yes, you should.

I've heard it can make a difference in case of a lay off and so wanted to confirm if EAD can be applied based on pending I-485 after lay off too?

The only requirement for an EAD is that you have a pending I-485, so you can apply after losing your job, too. But it's always better to already have it in hand when you start your job search, than it is to wait 90 days for it to arrive.

 

[joe_la]

Thanks,

I have one more associated question, does I-485/I-140 remains valid even after the lay off ?

 

[TheRealCanadian]

I have one more associated question, does I-485/I-140 remains valid even after the lay off ?

Yes. The I-140 remains alive until the employer requests withdrawal, and if your I-485 has been pending over 180 days I-140 withdrawal will not kill it.