EB-3 140/485 concurrent filing bf retrogression, but lawyer said 485 stuck with retro

[su5su]

Hello all,

This question may be related to a lot of you. Advice is relly appreciated.

Q: If one person filed 140/485 in EB-3 category before the retrogression, got EAD and I-140, but lawyer informed that I-485 will be processed according to the retrogression date! Since EAD is only valid for 1 year(needs to renew each year), does that mean EAD and AP will not be available? How is this person able to work without EAD due to the loss of the H1?

Thank you!

 

[ChinnaKmm]

I think you can still renew EAD and AP based on pending 485. For AP and EAD you need to send copy of 485 receipt, which will not tell whether it is EB2 or EB3.. So I think you should not have any problem

 

[TheRealCanadian]

Since the only condition of being granted EAD and AP is that you have a pending I-485, the fact that it is backlogged because of the lack of an available visa number is irrelevant. Renew your EAD and AP like you did before.