I140-I485 concurrent filing

One need not necessarily apply for EAD. If u r willing to work on your H1-B until your I-485 is adjusted, thats okay and there is no added advantage.

It will be advantageous:
1) If you have shorter H1-B and your employer does not want to spend money on H1-B extension and instead wants you to work on EAD.

2) After 180 days (AC21), if you have to leave the current employer and go out to look for another job of same nature.

3) Got a spouse and he/she applied for EAD and can be used for his/her employment.

Hope this helps.

Originally posted by 1993Megh
Has everyone who filed their I-140/I-486 concurrently, also filed for an EAD? Is there anyone on this forum who has filed concurrently and not filed for EAD? Is it necessary to file for an EAD if the H1 is valid for another two years? What are the benefits of filing for EAD? Sorry these may be silly questions but am hoping to find out.
 
Update!!!

Heres is my Update
I-140 /I-485 Concurrently Filed Mailed Date : Oct 1 2002
I-140 /I-485 Concurrently Filed Priority Date : Oct 23 2002.
I-140: No update confused:
FP Notice: Oct 30 2002
FP Complete Date : Dec 2002 First week
EAD Approval & Receipt t Date : Nov 30 2002
Advanced Parole Approval & Receipt : Nov 30 2002:
 
Hi Sanga:

Question: If the I-140 is still pending after concurrent I-140 & I-485 filed more than 180, Can you apply AC21? To my understanding, It seems that you can use AC21 only after your I-140 is approved and also your I-485 filed more than 180 days. Please point out if I am wrong. Thanks.


Originally posted by Sanga
One need not necessarily apply for EAD. If u r willing to work on your H1-B until your I-485 is adjusted, thats okay and there is no added advantage.

It will be advantageous:
1) If you have shorter H1-B and your employer does not want to spend money on H1-B extension and instead wants you to work on EAD.

2) After 180 days (AC21), if you have to leave the current employer and go out to look for another job of same nature.

3) Got a spouse and he/she applied for EAD and can be used for his/her employment.

Hope this helps.
 
hsteven29,

No one for sure knows how to interpret AC21 as it was never published clearly. From various sources on web, that I have been thru, my unserstanding is INS interprets these unclarified items more liberally when they look into the case. I would assume 180 days count starts as soon as I-485 is filed. We will have to use it ONLY as a last resort, in my opinion. You never know, how each individual INS officer will interpret it. Remeber ?, they stamped visitors for only 30 days, even before it never became a law !.

And hopefully VSC will clear all pending I-140s sooner.

Thanks,
Sanga.


Originally posted by hsteven29
Hi Sanga:

Question: If the I-140 is still pending after concurrent I-140 & I-485 filed more than 180, Can you apply AC21? To my understanding, It seems that you can use AC21 only after your I-140 is approved and also your I-485 filed more than 180 days. Please point out if I am wrong. Thanks.
 
Well.....

Most of the companies , in this market situation doesn't agree to join them before the 180th day of 485 filing. Again, none of them agree to hire someone with just the EAD, while 140 is pending.
I know lot of people without job and could not take a full-time job with a EAD, because of the pending 140. God should be mercy to us!
 
Last edited by a moderator:
Nine months!

For those who have applied for I-140 and waitin for approval,

It would be a very good idea to make use of concurrent filing procedure for I-485 using your I-140 receipts. That will speed up things. People who did that are getting their I-140, ead approval very fast.

I had applied for I-140 in March, 2002 and had given up hope on I-140 approval becuase 7 and half months had elapsed since I applied for I-140. Then in October, I applied for concurrent filing. My I-140 was approved on Nov 4th 2002 and received ead in december. So I had to go thru the pain for nine months even though I was'nt carrying a baby.

I believe that INS just misplaces
(depends on the person( lazy bum) who handles the case) some of the applications and because new applications arrive each day, they dont even bother to reopen the some of these old files. Concurrent filing makes them reopen the files (What are the odds that the files fall into the hands of similar bum?) and if you are lucky second time things move fast.

Here is info abt my receipts:

RD 13th Mar 2002
ND 20th Mar 2002
AD 30th Nov 2002

Good luck. See you all while I wait for another nine months (Hopefully!) for my second baby. (485)
 
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