Help...Multiple 485 scenario...what happens to EAD obtained from first filing

[H1BneedGC]

UN, Ginnu, Therealcanadian, other gurus..

Need your insight/thoughts/guidance on the following case:

I-140/I-485 filed by Employer 'A' pending in TSC Service Center for over a year. EADs/APs approved for self and spouse twice. FP done during Oct 2004. I am still on H1B with Employer 'A' but my spouse has used EAD from this filing.

I will be switching jobs using H1 transfer to a new employer (say Employer 'B' coming under VSC jurisdiction) and file a new EB2 labor via PERM and reach the point where I will be ready to file I-140 and I-485 through this Employer 'B' (assuming that the first I-140 doesn't get approved till then and Employer 'A' has not revoked and will not revoke the pending I-140/I-485 petitions)....what should I do:

a) Should I file a second I-485 and get a new EAD for my spouse (who is already using EAD of first filing)...When we apply 2nd 485 from employer 'B' in VSC, should I file a new EAD based on this new 485 filing and if so, what happens to the old EAD (which is still valid for another 7 months). Will my spouse get a new EAD of new 485 filing. I am assuming that we will still have the same "A" numbers (given during first filing of I-485) and we will mention about the old filing and its pending status when filing the second set.

Appreciate your insights/guidance on my spouse's EAD...and other guidance on how to pursue this case.

Thanks a lot in advance for your help. You guys are wonderful and your help is greatly appreciated.

 

[H1BneedGC]

UN,

Thanks for your insight. I am still little concerned about my spouse's status. In the scenario that you explained, I will have to wait for my I-140 to be approved from my new employer (Employer B). But in the meanwhile, if the old I-140 gets denied, all its attached applications will be denied (485, EAD, AP).

a. But since my spouse is already working on that EAD, what will be her status now?

b. Can we file a MTR and tie the old 485 filing to the new I-140 (which is still not approved....I see that VSC is taking around 9 months to a year for EB2 I-140s).

c. Can she continue to work when this MTR is pending....and what should be the MTR about??

In this situation, what is my best approach.

d. To be on the safe side, can't I file a second 485 when I file the Employer 'B's I-140 and also apply for EAD for my wife?? I am still confused in this case...because my spouse would have a valid EAD (for say 6 months) and then by filing a new EAD....how is that treated at VSC. I checked the EAD Card and it only has the A# and the Receipt number of EAD.

Thanks again for your time and help.

 

[ginnu]

UN,

Thanks for your insight. I am still little concerned about my spouse's status. In the scenario that you explained, I will have to wait for my I-140 to be approved from my new employer (Employer B).

But in the meanwhile, if the old I-140 gets denied, all its attached applications will be denied (485, EAD, AP).
---yes
a. But since my spouse is already working on that EAD, what will be her status now?
------- she can go back to H4 if you have H1 status at that time, she goes out gets H4 stamp based on your H1 and can enter on H4 status, if she has valid H4 visa stamp then she can exit US and reenter showing passport h4 visa stamp and will get I-94 based on H4. according to Murthy Chat she can also stop using EAD and can file H4 extension and can be on H4 again
b. Can we file a MTR and tie the old 485 filing to the new I-140 (which is still not approved....I see that VSC is taking around 9 months to a year for EB2 I-140s).
-------- if your new I-140 is approved and earlier I-485 is still pending you can request USCIS to approve the I-485 based on new approved I-140, you need to send them the copy of new I-140 approval and request for Interfiling with pending I-485, provide the copy of I-485.
** when you file new I-140 dont forget to write A# on it
c. Can she continue to work when this MTR is pending....and what should be the MTR about??
------------MTR depends on reason of I-485 denial

****if your early I-140 gets approved and I-485 is pending more than 180 days then you can also use AC21, just send the comany B letter in same/similar job duties to use AC21(if I-140 is NOT revoked BEFORE I-485 pending 180 days.
In this situation, what is my best approach.

d. To be on the safe side, can't I file a second 485 when I file the Employer 'B's I-140 and also apply for EAD for my wife??
------ you CAN do that nothing in law prevents you filing second I-485 if is based on diffrent employer LC and I-140(dont forget to write A# on all the applications) someone is going to advice you not to waste money for second I-485, if you get peace of mind file it
I am still confused in this case...because my spouse would have a valid EAD (for say 6 months) and then by filing a new EAD....how is that treated at VSC.
------- I know a similar case, person had i-485 pending with VSC and he thaught that employer may revoke the I-140, he and his spouse had EAD AP, person left the company then lawyer advised him to remain on H1 with new employer and file LC, filed LC and it got approved in 4 months then he filed new I-140, I-485, EAD AP(also for spouse) with CSC and he got second EAD AP and his spouse also got EAD and AP. according to lawyer both the EAD AP are valid. later his early I-485 got transfred to Local USCIS, he was confused, lawyer told him that may be his past employer has not revoked I-140, he went for Interview and provided new employer letter and got the GC apporoved.

I checked the EAD Card and it only has the A# and the Receipt number of EAD.

Thanks again for your time and help.

 

[H1BneedGC]

Ginnu,

Thanks a lot for your reply. It was very helpful. As you mentioned, for peace of mind, I don't mind spending some more money and file a second set of 485 and its related applications (EAD and AP for self and spouse).

I still had one question. Please advise.

Say, if my pending 140 of Company 'A' continues to be pending (and is not withdrawn by Employer 'A') and my spouse continues to work on EAD from Company 'A' and I get a new EB2 labor via PERM from Employer 'B' and we file 140, 485, EAD, AP again with Company 'B' (giving details of A# and previous filing details, will my spouse get a new EAD from second filing (of Employer 'B') as she is already on Employer A's EAD. Will being on EAD cause any issues/disqualification for filing a second EAD (ie. from Employer 'B'). I will be on H1 with the new employer and have not used Employer A's EAD and will continue to be on H1 with Employer 'B' until 140 gets approved.

Kindly advise. Thanks in advance.

 

[ginnu]

Ginnu,

Thanks a lot for your reply. It was very helpful. As you mentioned, for peace of mind, I don't mind spending some more money and file a second set of 485 and its related applications (EAD and AP for self and spouse).

I still had one question. Please advise.

Say, if my pending 140 of Company 'A' continues to be pending (and is not withdrawn by Employer 'A') and my spouse continues to work on EAD from Company 'A' and I get a new EB2 labor via PERM from Employer 'B' and we file 140, 485, EAD, AP again with Company 'B' (giving details of A# and previous filing details, will my spouse get a new EAD from second filing (of Employer 'B')

as she is already on Employer A's EAD.
---YES, she will get New EAD based on new I-485 pending if she files for new EAD from the service center where her new I-485 is pending
Will being on EAD cause any issues/disqualification for filing a second EAD (ie. from Employer 'B').
--NO
I will be on H1 with the new employer and have not used Employer A's EAD and will continue to be on H1 with Employer 'B' until 140 gets approved.
------ maintain H1 status
*** read my earlier post the person was in similar situation and filed second I-485 and had 2 EAD based on Diffrent I-485 he also never used EAD and was on H1
Kindly advise. Thanks in advance.

 

[H1BneedGC]

ginnu,

Thank You very much. Your replies are much appreciated. I feel much better now.

UN,

Thank you too for your replies.

Regards,