I-140 approved! few questions though

N

ninetofive

New Member
My I-140 got approved within a month of filing (is this normal?)... filed mid-Feb this year in TSC and got approved in mid- March. This was filed along with the I-485.

I am not sure if I am in the "safe zone" now... I mean, is it certain now to get my green card? If not, when will I be in that position?

Also, I did not apply for the EAD as I have my H1 valid for two years... should I rather apply for EAD? Does it help in any way to land me in the "safe zone"?

I would greatly appreciate any advice.
 
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Congratulations! Getting approved in 1 month is not common, but not unheard of. You got lucky, enjoy it!

It is not certain that you will get a green card, but you are probably 80% there. The 485 will now look at you and make sure that you are elegible for a green card. For example, you passed your medical, you did not commit any crimes, you have not overstayed any visas, etc.

Since you have a valid H1 you do not need EAD unless you want to change jobs (and invoke AC-21) or take a 2nd job. If for whatever reason your 485 is not approved in two years (doubtful), you can extend your H1 even past the 6 year limit.
 
still...

cfiler, many thanks for your response. I am wondering what is the best course of action to take considering (a worst case scenario) that I may lose my current job before I get the 485 approved (and 2 years in this dynamic business world seems a lot).
So keeping the above into consideration, am I better off (or safer) with the EAD than with the H1? I got your point that the H1 is extendable while if the 485 gets rejected then I may not have any recourse. However, everything in records is clean and I do not see any problem there.

Again, thanks for your advice.
 
Ac21

AFAIK, you can transfer your H1 and invoke AC21. You still would not need an EAD for that. Remember that a green card is for a future job and invoking AC21 will only indicate that your future employer will be different.

Of course, from what I have heard, these days employers would much rather prefer that you join them with an EAD than an H1 transfer as its somewhat hassle-free and less costs :) for them. Thats another point to think about.

IMHO, the best course would be to file for an EAD(but not use it) and also try and keep the H1 valid as a backup. Yeah, its a hit to the purse, but its like insurance. Good to have it when you need it :)
 
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