EAD renewal and GC

[raja karan]

My Priority date is current in the EB category, but my EAD is expiring in mid of September. I did not apply for the renewal yet. My questions are,
1. Is it ok if my application for EAD renewal is pending while the old one expires? Or do I have to get the new renewed EAD in my hand before the old one expires, even if I am not using EAD for my job?
2. My old advance parole expired. I did not travel anytime on it. Can I also apply for new advance parole along with my EAD renewal? Can I do e-filing for advance parole too?
3. Is the employment based green card for the beneficiary (dependant) is conditional as in marriage based or is it permanent green card.
Thank you.

 

[ccv]

I know of a fried who was in a similar situation. He sat tight and waited for his GC to arrive. The USCIS know exactly what your status is and will act accordingly. If in doubt pick up the phone and call USCIS. Sometimes you might get a really pleasant and helpful customer support personnel.

Good luck!

 

[Jackolantern]

1. Is it ok if my application for EAD renewal is pending while the old one expires? Or do I have to get the new renewed EAD in my hand before the old one expires, even if I am not using EAD for my job?

If you have other forms of permission to work (e.g. H1B) it is acceptable to have a gap between EADs while you work.

But I would suggest applying for the EAD even if you don't think you need it. Some people with current PDs found that when they applied for the EAD renewal, what they got was the GC itself. Applying for the EAD renewal could trigger USCIS to open your file and realize they should approve your GC instead of wasting time to process your EAD renewal.

And if you lose your job, having a valid EAD would help you to get another job faster.

3. Is the employment based green card for the beneficiary (dependant) is conditional as in marriage based or is it permanent green card.

Once granted, it will be a 10-year unconditional card. However, if there is a divorce before the green card is approved, the dependent ex-spouse becomes ineligible for the green card.