First post - lot of questions

[RaviSimi]

Hi guys

I have just discovered this and have been reading a lot of your posts with interest and enthu - been seeking out info as everybody here is probably trying to do..

I have been having some poor luck but hopefully it seems to be improving.... here are some of my details and some questions following - any help will be appreciated...

I-140 is pending -
ND: May 30, 02
RFE Aug 19, 02
Thanks to my company slow response, we just responded last week.

And thanks to the new law, I filed my 485 in Aug so
WAC 02-266..

RD Aug 13, 02
ND Aug 13,02
PD Aug 13, 02
Fingerprinting completed, Sep 30, 02

Have not received EAD and neither has my wife and she has just lost her job and bay area is merciless now...

My questions are - (Hoping that I get my EAD soon, can I start work somewhere else (Start up with no revenues) through this 485,I-140 safely.

1. Can I go to local INS after 90 days and get an EAD?

2. My friend will start the company and it will be only me and my wife working.. on EAD's (if # 1 holds true) - can we pull this off without problems from INS / current employer?

Can we extend EADs if required (considering that it is taking 999 days to process 485?)

A little about me - I see a lot of depressed folks unhappy about slow processing and being with greencards in this country
I probably fall in the same category!!

I came in 1991, graduated 1994 (took my own sweet time as we were in a serious recession as some of you may know).

Got my first job immediately in 1994 May in the bay area.
1 year practical training.
worked for a couple of companies till 1998 on H1.
Started work at present company in Apr 1998.

Filed Labor Nov 1998
Should have left country after completing 6 years on H1B but I could extend 1 year on vacations and time spent out of country. Now again thanks to Bill Clinton and his new law, asked for 2nd extension based on new law waiting for decision on GC.
Labor approved May 2002 - most exciting day of my life
Filed I-140 and 485 recently and fingerprinted.....

hopefully you guys can give me some good advise. thx folks!

 

[CS485]

Question1: YEs, you can get iEAD after 90 days @the local INS.

For Q2: You mentioned that your I140 is still pending. If you leave your current sponsering company, is it not going to withdraw your I-140? If it does, then your entire application becomes invalid and your iEAD becomes invalid. I am not sure whether 180days rule applies to I140/I485 concurrent filing cases. Once your 140 is approved and 180 days are past, then you can change the job. Regarding the company size, if you have a good lawyer, I am sure he will manage that. There are no rules for the company size but INS may issue RFE for company revenues. It doesnt matter in your wife's case but for you, it is better to be careful as you are the primary applicant. Dont change the job if not required.

Good Luck