EAD from local office or service center?

[blizzard]

Here is my situation: I-140 is approved. I-485 is pending for three month. Got laid off two weeks ago. The company lawyer filed a COS to B2 within 10 days, which could be a wrong move. Now I got a job offer and want to work. However, I haven't received my EAD card. Can I go to INS local office to get it or just wait for service center to approve it? I am concerned if local office find out that I am out of work, they may deny my I485. Which way is safer? Thanks!

 

[ginnu]

You had I-1485 pending then your status was AOS pending till the time I-485 is Approved or denied. I don’t think your lawyer did a good thing by filing B2 visa for you, B2 is Nonimmigrant visa ( no dual intent)and you cannot get adjusted in US for GC with B2 visa. You can file for new H1 or H1 transfer then join the new Employer (use premium processing) and talk to your lawyer if he/she can send a letter to BCIS to cancel the pending B2application.
You can go to local BCIS office to have your iEAD after 90 days of filling for EAD, Local office will not care if you are out of work, once I-485 is filed you can be with out work for few , days/months and it is not a problem but one should be working before the approval of I-485 and have pay stubs.
In my opinion if you have filed B2 you can not get EAD and I-485 is going to be denied, your lawyer has Messed up your case, you could have waited for EAD and joined a new employer with EAD
or iEAD and could have used AC 21 if your past employer was ready to cooperate and was not going to cancel your I-140. You are in a Tricky situation. Others will guide you