Can I work under EAD and apply for LC again

[gc66]

Hi all,

My husband is applying for greencard under EB1, It is concurrent filing, the
I-140 have NOT been approved yet, but we already got EAD and working under EAD.

The company I'm working for is willing to sponsor me apply for greencard through Labor Certification.

My questions:

1. Since I'm working under EAD already, am I qualified to apply for green card through Labor Certificate, such as RIR?

2. My husband already applied Greencard through EB1, and is working under EAD, can he apply for greencard through another track, such as Labour Certificate, or National Interest Waiver ?

Thanks

 

[leroythelion]

Hi all,

My husband is applying for greencard under EB1, It is concurrent filing, the
I-140 have NOT been approved yet, but we already got EAD and working under EAD.

The company I'm working for is willing to sponsor me apply for greencard through Labor Certification.

My questions:

1. Since I'm working under EAD already, am I qualified to apply for green card through Labor Certificate, such as RIR?

2. My husband already applied Greencard through EB1, and is working under EAD, can he apply for greencard through another track, such as Labour Certificate, or National Interest Waiver ?

Thanks

"Yes" to both questions.

Brian

 

[gc66]

Thanks for your answer.
Another question:
What will be my status if my EB1 got rejected (so does the EAD), and my Labour Certificate is still pending?

 

[hadron]

> What will be my status if my EB1 got rejected

Your status is 'screwed'.

Unless you have some visa to fall back upon, you would be out of status the day your husbands I485 gets denied. Now, in most of the 'high end' categories such as NIW or Eb1ea they will send a nasty RFE to warn you about the impending denial. (It will contain the words : the petitioner has failed to demonstrate blablaba)

If your status is dependent on you husbands EB1, you are on relatively thin ice right now. Getting a labor cert in your name and applying 'cross-wise' for safety might be a good idea.
(I was at the St Albans, VT processing center yesterday and had the opportunity to talk to one of the officers there. She said that getting an EB1ea approved is essentially like 'prooving that you can walk on water')

A pending labor cert doesn't give you any way to maintain status. Once you have a labor cert in hand, your can shoot off a concurrent I140/I485 for yourself with your husband as dependent on short notice.

By the way, the official word out of the mouth of the St Albans officer I talked to yesterday is that you can file as many I485s as you feel necessary. The rule that you can have only one I485 per person doesn't exist any more. It apparently went out the window with the concurrent filing process. They advise against it because (in their words) 'why would you want to waste another $255'.