marlon2006
Registered Users (C)
In general, do you think people are having success using EAD (that means H1B is no longer valid) to work part-time for somebody else while I-140 is still pending ?
Basically I received a part-time offer and my concern is that if I use EAD, I was told that in the event that USCIS requests more evidence during I-140 process, my lawyer wouldn't have even a chance to appeal and work on my case because I would need to leave the country immediately, because EAD and I-485 would be denied right away upon I-140 requests for more evidence.
If that is true, I think the EAD benefit while I-140 is pending is practically worthless for most people. One of the goals of filing I-140/I-485 is get EAD to my wife and let her work, but since she would fall out of H4 status upon using EAD, if it is true that upon potential I-140 RFE her EAD would get denied, she would need to go home. Please clarify this. If that all is true, I wouldn't take the risk of using EAD and lose the entire process after so many years waiting for this.
Basically I received a part-time offer and my concern is that if I use EAD, I was told that in the event that USCIS requests more evidence during I-140 process, my lawyer wouldn't have even a chance to appeal and work on my case because I would need to leave the country immediately, because EAD and I-485 would be denied right away upon I-140 requests for more evidence.
If that is true, I think the EAD benefit while I-140 is pending is practically worthless for most people. One of the goals of filing I-140/I-485 is get EAD to my wife and let her work, but since she would fall out of H4 status upon using EAD, if it is true that upon potential I-140 RFE her EAD would get denied, she would need to go home. Please clarify this. If that all is true, I wouldn't take the risk of using EAD and lose the entire process after so many years waiting for this.