Concurrent application of I130 and I485

F

familybasedgc

New Member
my husband has filed an I130 for me. When he filed it we did not know that we can concurrently file I130 and I485. Can we do that now?
can i apply for an EAD at any stage of this process or will I have to wait till I get a GC. I am currently on H1
 
Did you receive a receipt notice from USCIS for the I-130? If so simply include that with the I-485 and file when you like, you don't have to wait for I-130 to be approved. Don't file I-130 again because it will just cost you another $190.

You can apply for an EAD in the same envelope as the I-485. EAD is an interim benefit that allows you to work while waiting for your Green Card, once you have your Green Card an EAD is no longer necessary as it allows you to work.

Note that your H-1B will remain valid while you file AOS, as long as it doesn't expire. You can continue to travel on H-1B while AOS is in process. However if you get an EAD and use it (i.e. to get another job), your H-1B is no longer valid.
 
Thanks a lot for your response. I had one more question. My current lawyer had told me that I cannot do anything further with my application till my I-130 gets approved. I have written to her asking her if I can do what has been explained in response to my question. In case she still tells me it is not possible can I choose to go with another lawyer but retain my Priority date?
Thanks in advance
 
I'm sorry I should have asked this before I answered you before: Is your husband a US Citizen?

The advice I gave above is only valid if you are married to a US Citizen. Sorry for any confusion.
 
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