EB2-NIW EAD Unemployment-Travel Clarification

[anuvnu387]

Hi,

I would appreciate if someone can clarify my doubt. Sorry if I sound stupid. I am new to this and trying to understand the whole process. I am planning to petition for green card under EB2-NIW.

1. I am eligible to get my EAD (I-765) once my I-140 is approved. Am I right? I can however file my I-765 along with I-140 and I-485 right?

2. I will not have a valid non-immigrant visa. Can I stay and work for any US employer on "status adjustment pending" status, using my EAD?

3. What if I am unemployed while on "status adjustment pending" status and do not have a valid non-immigrant visa? Will this be an illegal stay?

4. Is there any limitation on the number of unemployment days I can accrue while I-485 is pending and I am not EAD without a valid non-immigrant visa?

5. And because I do not have a valid non-immigrant visa, I have to get advance parole before traveling outside US right?

6. How long is the EAD obtained through I-485 valid? Can I renew/extend it?

Thanks for the help!

 

[mhush]

I will try my best to answer the ones that I know (to the best of my knowledge of course)

1) Yes and yes.
2) if the underlying non-immigrant visa does not exist, you can work on your EAD. However, if the job description does not match the field that you have applied for you I140 you will face problems.
3)
4)
5) correct
6) usually EAD and AP are valid for 1-2 years and extensions are easy to get (I think online even).

Please note that by using your EAD and AP, your underlying status is cancelled and if for any reason they deny I140, you have to leave the country immediately.

Hope this clarifies a bit.

 

[jk0274]

I'll try to clarify some things further:

1- You are eligible to apply for an EAD if you have a pending I-485 regardless of whether your I-140 is approved or not. If you filed I-140 and I-485 concurrently, you can apply for your EAD concurrently also, or at any point afterwards as long as your I-485 is pending. However, you have to be eligible to file your I-485 (i.e. your priority date must be current). If you are from India or China, you will not be eligible to file I-485 right away, thus you can't get an EAD. Again, EAD is dependent on an existing pending I-485 and has nothing to do with whether your I-140 is approved or not.

3- You are in "authorized stay" (which is not exactly the same as "legal stay") as long as your I-485 is pending, regardless of your work status. A pending I-485 is what gives you authorized stay, nothing else. You don't have to work if you have a pending I-485, but if USCIS asks you for evidence that you do have a job lined up to work in your field of NIW expertise, you must provide this evidence.

4- Not relevant.

5- AP, just like EAD, can only be obtained if you have a pending I-485.

 

[limmigrant2]

Great answers.