i140/ 485 issues - help needed

[lsundari]

MY co applied for 140 - Jan and got rd jan 30 '03. then March 10th filed for 485/ead/ap. didnt get receipt till now. my lawyer enquired with INS and found that my 140 Fee check had a problem and my 140 is deactivated and 485 papers returned. My lawyer is planning on filing everything again. My issue is my husband has valid H1 only for next two months. whats the odds of getting an EAD by then? Also will he be able to stay in US?
Is it legally ok to work when 485 pending and no ead/h1? please help. thanks

 

[nkm-oct23]

Originally posted by lsundari
MY co applied for 140 - Jan and got rd jan 30 '03. then March 10th filed for 485/ead/ap. didnt get receipt till now. my lawyer enquired with INS and found that my 140 Fee check had a problem and my 140 is deactivated and 485 papers returned. My lawyer is planning on filing everything again. My issue is my husband has valid H1 only for next two months. whats the odds of getting an EAD by then? Also will he be able to stay in US?
Is it legally ok to work when 485 pending and no ead/h1? please help. thanks

The odds of getting EAD in next 2 months are almost NONE. Once you file everything again, BCIS will scrutinize I-140 and only when it is approvable without any RFEs will they begin to process I-485 and EAD. You can check EAD processing times from the BCIS reports.

I am not absolutely sure, but the legal stay period begins once BCIS receives your I-485 application, filed concurrently or otherwise.

It is not OK to work legally without EAD or H1 even though I-485 is pending. He might be eligible for 7th year H1 extension as long as his I-140 is pending.