concurrent filing and EAD

[gan2003]

hi there,

If I140/I485 is filed concurrently, will INS approve EAD before I140 is approved? Even if INS approves the EAD, can we really use it till I140 is approved?

thanks for your replies,

gan2003

 

[jbm]

Originally posted by gan2003
hi there,

If I140/I485 is filed concurrently, will INS approve EAD before I140 is approved?
Mostly not
Even if INS approves the EAD, can we really use it till I140 is approved?
Yes, but then you loose non-immigrant status
thanks for your replies,

gan2003

 

[sudhirkd]

I have some contradictory information.

I got EAD before 1-140 approval. So it is possible.

Other question.
Is there any problem in loosing non-immigrant status if I worked on EAD when I-140 is not approved ?

Thanks,
sudhir

 

[jbm]

it's not problem in loosing non-immigrant status if you worked on EAD when I-140 is not approved.

But it will create complex situation in case your I-140 denies for some reason, then I-485 will be invaildate too and EAD, AP will invalid eventually, I am not sure about sequnce or how it will invlidated,so in that case you will be out of status and you might need to get other non immigration status like h1/ h4 becuase you were out of status when you apply for new h1 (not h1 ext/ transfer, becuase your h invlide by using EAD) you might have problem getting h1.

I hope this help

JB

 

[gan2003]

thanks for the responses.
Do you know if getting a 7th year h1 is a problem?

thanks,

gan2003