I-140 approved, need to work on EAD

[satiaug16]

Guys I need your openion as i am confused and unable to take decision.
I would highly appreciate your feedback on my case
Basically i have applied to I-140 & I-485, I got my I-140 approved, I also got my EAD and AP.
I want to start working on EAD with my current client as curent employer is exploiting me.I have payed for GC fees.
My questions are
A) I want to know is it safe enough to start working on EAD or is it mandetory that i need to complete 6 months after filing I-485 to start working on EAD? I still have 1 year left for H1 expiration.
B) What is the worst scenerio in case my I-485 get rejected? What might be probable reason for I-485 rejections?
C) I got I-140 approved but not complited 180 days yet. so is it safe enough to work on EAD

Thanks in advance for your help
Sati

 

[jllag1]

Guys I need your openion as i am confused and unable to take decision.
I would highly appreciate your feedback on my case
Basically i have applied to I-140 & I-485, I got my I-140 approved, I also got my EAD and AP.
I want to start working on EAD with my current client as curent employer is exploiting me.I have payed for GC fees.
My questions are
A) I want to know is it safe enough to start working on EAD or is it mandetory that i need to complete 6 months after filing I-485 to start working on EAD? I still have 1 year left for H1 expiration.
B) What is the worst scenerio in case my I-485 get rejected? What might be probable reason for I-485 rejections?
C) I got I-140 approved but not complited 180 days yet. so is it safe enough to work on EAD

Thanks in advance for your help
Sati

It is ok to start working on EAD. The 6-month period you are talking about is for the AC21 180-day portability rule. That is, if you want to switch jobs before your 485 approval, you need to wait for 180 days after 140 approval with your current employer to invoke AC21. That has nothing to do with EAD.

On the other side, people prefer working on H1B, even after getting EAD, because it gives them independent status from 485 pending. Thus, if 485 is denied for any reason, you don't have to immediately take any action on your immigration status, if you concurrently maintain H1 status.

 

[satiaug16]

Thanks alot for your feedback. I really appreciate your openion. I am thinking of to start working on EAD as to get I-485 approval it might take around two years, My question is
1) what happens if I work on EAD and I-485 gets denied, do i have to leave the country immediately ?
2) If i have to apply for new H1 visa then do i fall under H1 Cap ? once I-485 is denied ?
3) Though i have EAD i can't work on its basis as its risky. So don't have any other option to avoid suffering under my current employer ?

Sati

 

[ginnu]

Thanks alot for your feedback. I really appreciate your openion. I am thinking of to start working on EAD as to get I-485 approval it might take around two years, My question is
1) what happens if I work on EAD and I-485 gets denied, do i have to leave the country immediately ?
---- yes , if you dont go for appeal and appeal is denied99% cases, try to remain on H1 status and join new employer with H1 Transfer
2) If i have to apply for new H1 visa then do i fall under H1 Cap ? once I-485 is denied ?
----- if you are NOT on valid H1 then you can apply for H1 extension in US, if you are asking that after I-485 denial you will go back and then want to apply NEW H1 through US employer while you are out of US for 1 year then it will be Cap case

3) Though i have EAD i can't work on its basis as its risky. So don't have any other option to avoid suffering under my current employer ?
------------ you have got your I-140 approved and I-485 is filed for you, wait till the date when your I-485 pending hits 180 days, till that time stck with your employer I think your I-485 pending 180 days may hit in 2-3 Months time, dont take the risk of changing employer at this time by H1 transfer or with EAD becase your I-485 is NOT pending more than 180 days and at this time you are not eligible for AC21 and if you leave the employer then Employer CAN revoke your I-140. dont take the risk. wait till I-485 pending hits 180 days and in meantime try to get I-140 approval notice, I-485 filing reciept AND approved LC copy particularly form ETA750A it may be with lawyer, dont give any indication to lawyer or employer that you are going to change employer they may not give you copy of LC or I-140 approval.
Sati