File or Not File EAD? Dilema please HELP

B

BillG

New Member
Dear friends and fellow immigrants,
I have few questions related to filing I-485.
1. If I file 485 and choose to file EAD after 2 months. Can i do that? does the priority date need to be current for filing EAD or can I file it any time? or do i need to wait until i receive the receipt notice for 485?

Actually, After filing 485 I will be going to india and getting married . I have valid H1-B stamp and my spouse will be comming with me on H4. Once I come back i would like to file my EAD. Can I do that, is there something that I need to take into consideration?

2. Also, once I file my 485 do I have to wait until I receive receipt notice to travel outside of US or can I just travel any time?

3. Can I add my spouse to my 485 after I come back or do i need to wait until priority date become current?

Your answers will greatly helpful.
Thank You All,
-BillG
 
1. Retrogression does not affect applying for and receiving EAD. However, if you don't apply for the EAD at the same time as the 485, you will need the 485 receipt when you apply for the EAD. And USCIS is taking a very long time to produce the 485 receipts, due to the flood of applications.

If you use the EAD to work, your H-1 becomes invalid and by extension the H-4 also becomes invalid. Which means that before you use the EAD, you need to file 485 for your wife.

2. You are supposed to be inside the US when you file the 485. Without the receipt notice, you have no proof and you don't know what date the USCIS considered it to be "filed". You could send in the 485 and wait a few days after the tracking shows it arrived, but that is still taking a chance.

3. PD has to be current before you can file for dependents.
 
does filing for EAD nullify H1 automatically or there is a certain explicit procedure where I fill out a form and inform USCIS/INS that I am using EAD? does the mere application or approval of EAD is deemed as "applicant using EAD" and is is deemed to be in EAD status?
 
Filing for EAD does not nullify your H1. As I understand it, you have to go to your HR and fill out a new I-9 form and mention in that that you will be using your EAD.
Please clarify with either your HR or a lawyer.
 
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