I 1485 pending - employer not filing EAD

S

SIMAR

Registered Users (C)
Can you please help verify if I will have the choice to change my job and/or travel when I fall in this scenerio

H1 B approval until 2010 but new visa not stamped on Passport.
I 485 filed in Aug 2007 - Pending
I 140 approved on Sep 2007
EAD not applied
Travel AP not applied.


Can I travel? - Would like to Plan to goto India in Feb2008
Can I change a job after my I 485 receipt comes and pending.
With no EAD applied. I think my employer doesn't want to apply for my EAD.


Does Applying for EAD & applying for AP-Travel are interdependent?

If I need to travel outside USA. What do I need to do when renter into USA.
Apply for H1 visa stamped at Indian Counsalte same way?
Do I need to show any I 140 paper or anything else.

Thanks a lot
simar
 
You can travel without applying for AP considering the fact that your I-485 won't be approved while you are abroad. Since your H-1B is valid you should be good. If your passport stamp already expired you need an appointment at a U.S. Consulate. At the consulate please take some proof of I-140 filing.

About changing job, EAD has little to do as long as your new employer agrees to transfer your H-1B. In addition I would wait for I-140 to get approved. In fact your employer may insist to keep you on H-1B as it is valid till 2010.

EAD and AP are independent of each other however both requires I-485 receipt notice.
 
Thanks! manwithnoname & maxferlim for taking time to answer my question.

I have I -140 approved.
Priority Date of Feb 5 2007.
Filed I-485 on Aug 3 or 4 when INS declared that all dates are current..
I -140 is just approved on Sep 2007.
Waiting for receipt...

Question:
So where does this new process puts me in queue.?


When INS made all dates current then only my employer filed for I-485..

Just curious if someone have some idea that if, INS is opening I-485 as of priority date? I just wanted to know the estimate of time like how many years... 2,3,5,7..?


Thanks for your help if you can give some idea.
My H1B is 4th Year
Labor Cleared Feb 2007
I-140 Sep 2007 (not sure if approved or its a receipt )
I -485 filed First week of August 2007)
 
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