Do I need EAD?

junmyzoo

Registered Users (C)
Hi,
I have a simple question for which many of you might have the answer.

I have concurrently filed I-140 and I-485 (self-petition) under the NIW category in April, got the RFE in July 2003 and replied in Sep. 2003. Both me and my wife are on separate H1-B which are valid till December 2005.

My question is the following -
Do I have to apply for an EAD?

Thanks!
Junmyzoo:confused:
 
In my understanding, both you and your wife's H1b are still valid. You do not need EAD to work. Of course you CAN apply for EAD. If you have EAD but don't use it, you are still H1b; if you use EAD, you lose H1b status.

BTW, which center did you file your NIW?
 
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