EAD/AP renewal with I-140 pending possible?

G

GCGiveMeMy

Registered Users (C)
I can apply for a EAD and Advance Parole renewal in a week from now. My I-140 which was approved in Dec.2006 is under review. We received a RFE on my approved I-140 in Sep. 2008. Attorneys replied to the RFE in Oct. 2008 and opened a SR for the same in Jan. 2009. No updates to I-140 since the RFE reply receipt in Oct.2008.

I know the EAD and Advance Parole renewals are based on pending I-485. However, they ask for a copy of the approved I-140 too. Would the fact that my I-140 is not pending review cause an issue in the renewal of my EAD and Advance Parole?

Thank you,
GCGiveMeMy..

EB2 India I-485: RD 04/2007, LUD 05/2007 (after finger printing)
I-140 RD: 03/2006 AD 12/2006 (non-concurrent), RFE 9/2008, RFE reply receipt 10/2008
 
Correction - Would the fact that my I-140 is "now" pending review cause an issue in the renewal of my EAD and Advance Parole?

Thank you,
GCGiveMeMy..
 
GCGiveMeMy said:
Correction - Would the fact that my I-140 is "now" pending review cause an issue in the renewal of my EAD and Advance Parole?

Thank you,
GCGiveMeMy..
Click to expand...

It depends on the RFE and your feeling how strong your I140 application is. If the RFE is for something missing like copy of I94, regular question, clarification ....etc then go ahead and apply for EAD/AP. But, if the RFE regarding something basic to I140 e.g qualification for category, pay level, fraud, .....etc and there is a high chance for denial, then the EAD/AP application will lag behind, till a decision will be taken in response to the reply for the RFE. You should know the answer in neutral thinking without bias or paranoia. If you are using H, just wait because you do not need EAD and obviously you will not travel till your issue will be solved unless you have very urgent travel.
 
Thanks mmed for your reply.

The I-140 RFE is of a serious nature. However, according to my attorney everything is correct per their perspective. Other attorneys I have talked to agree with my attorney, although there is a bit of a grey area.

What is bothering me it has been over 120 days since my I-140 reply. Now I'm falling into the 120 window to EAD expiry and I need to take action one way or another.

My attorneys and I have called USCIS about my I-140 and there has been no one touching my papers to date.
 
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