EAD based on employment vs. marriage

[nati309]

I have a current EAD received through Employment-based I-485. I am getting married to a US citizen and quitting my job, so will have to re-apply for a marriage based I-485. Do I need to apply for another EAD or can I continue to use the old one?

Thanks for your advice!

 

[tammy2]

I have a current EAD received through Employment-based I-485. I am getting married to a US citizen and quitting my job, so will have to re-apply for a marriage based I-485. Do I need to apply for another EAD or can I continue to use the old one?

Thanks for your advice!

Even if quit the job your I-485 is valid. so the EAD.

 

[nati309]

No, my current I-485 is employment based, so when I quit my job, it will no longer be valid. I will be applying for a new I-485 based on marriage. Does that mean I will need to re-apply for another EAD too?

 

[TheRealCanadian]

No, my current I-485 is employment based, so when I quit my job, it will no longer be valid.

Not true at all.

Once you get married, have your spouse file the I-130, and then request that your I-485 be amended to be based upon the I-130, instead of your employer's I-140.

 

[nati309]

Really? That's the first time I hear about this. How do you request the amendment? does it need to be done after the approval of I-130 or can it be done at the same time? If after, what is my status after I quit my job and before the new paperwork is processed?

Please provide me with more information, I want to make sure I do it right. thank you for your advice!

 

[nati309]

TheRealCanadian and other gurus -

My current I-485 is employment based. You mentioned I can amend it to be based on I-130 once I get married. I am planning to quit my job right before the wedding. My guess is I have to have an approved I-130 before I can amend my I-485. Meanwhile, if I am no longer employed, what is my status then??? I always thought my EB I-485 will no longer be vaild after I quit.

Please advice.

 

[TheRealCanadian]

My guess is I have to have an approved I-130 before I can amend my I-485.

If you're filing the I-130 as an immediate relative (spouse of a US citizen), the I-130 just needs to be filed, not approved.

I always thought my EB I-485 will no longer be vaild after I quit.

An I-485 isn't like a non-immigrant work status that expires automatically upon termination of employment. Additionally, it is your petition, not your employer's.

Basically, file the I-130 and affadavit of support from your spouse, and request that your I-485 be amended to be based on the I-130, not the I-140. Then quit your job.

If your employer withdraws the I-140, then USCIS will issue a Notice of Intent to Deny in case they haven't noticed the I-130. You'll then send them a copy of the I-130 receipt, indicating you are still eligible to file an I-485. That should resolve matters. In the worst case, your I-485 gets denied, in which case you file a new one based on the I-130.

The point is to avoid paying all the fees for the I-485 again if you don't need to.

 

[nati309]

You have made my day, theRealCanadian. thank you.
how do I request the I-485 be amended? Just enclose a letter with the I-130 petition? Is there a special format?
Also, back to my original question about EAD: if I am not applying for another I-485, then the current EAD remains valid, right? I can just continue to use it looking for another job?

 

[nati309]

theRealCanadian and others -

Please let me know if there is a special format to request amendment of the I-485 to be based on I-130 instead of I-140.

Also, I don't need to apply for a different EAD if I keep the same I-485 even after I amend it to I -130, right?

Thanks so much for your advice!

 

[TheRealCanadian]

Please let me know if there is a special format to request amendment of the I-485 to be based on I-130 instead of I-140.

There's no special format; just add it to the cover letter. I'd put AMEND I-485 a and then the I-485 receipt number in bold letters at the top of the letter and the I-130, just to be sure.

Also, I don't need to apply for a different EAD if I keep the same I-485 even after I amend it to I -130, right?

That's correct.

 

[nati309]

Thank you, TheRealCanadian. I appreciate your help.