Is a valid EAD required for I485 approval and subsequent GC passport stamping??

N

nite_flite

Registered Users (C)
Is a valid EAD required forI485 approval and subsequent GC passport stamping??

Hi:
Our (Mine and wife's) old EAD has expired (in mid June this year). EAD was applied through my old company. Since then I have changed jobs (not applied for AC21).How can I renew my EAD? Do I have to show proof of employment? Will a new EAD from a different company have any effect on the green card application processing? (I have only the I485 stage left)
Finger Printing has also been done.

2) Is it OK to have a gap in-between two EADs if I can infact renew my EAD? Considering the fact that my EAD has already expired we will be looking at a 3 month gap ateast.

3) Is a valid EAD required when I go for my green card passport stamping process after my I485 is approved. Is passport stamping necessary at all? Currently as you know we (I and my wife) are not using our EADs but using our respective H1Bs instead to work and keep our status.

Anyinformation is appreciated.
Thanks in advance.
 
Last edited by a moderator:
nite_flite said:
Hi:
Our (Mine and wife's) old EAD has expired (in mid June this year). EAD was applied through my old company. Since then I have changed jobs (not applied for AC21).How can I renew my EAD? Do I have to show proof of employment? Will a new EAD from a different company have any effect on the green card application processing? (I have only the I485 stage left)
Finger Printing has also been done.


2) Is it OK to have a gap in-between two EADs if I can infact renew my EAD? Considering the fact that my EAD has already expired we will be looking at a 3 month gap ateast.
IF YOU HAVE H1B FROM THE COMPANY U R WORKING THEN U R OK ELSE THE GAP WILL BE CONSIDERED AS UNAUTHORIZED EMPLOYMENT

3) Is a valid EAD required when I go for my green card passport stamping process after my I485 is approved. Is passport stamping necessary at all? Currently as you know we (I and my wife) are not using our EADs but using our respective H1Bs instead to work and keep our status.
NO AN EAD IS NOT REQUIRED FOR GC STAMPING OR FOR I485 APPROVAL
Anyinformation is appreciated.
Thanks in advance.
Click to expand...
 


2) Is it OK to have a gap in-between two EADs if I can infact renew my EAD? Considering the fact that my EAD has already expired we will be looking at a 3 month gap ateast.
IF YOU HAVE H1B FROM THE COMPANY U R WORKING THEN U R OK ELSE THE GAP WILL BE CONSIDERED AS UNAUTHORIZED EMPLOYMENT

Answer: You are wrong. Even if you have a gap on EAD, its not a problem as long as you dont work during that period. Moreover when filing 485 application, you are already in adjustment of status and there is nothing like out of status after filing 485. You can legally stay in this country and be without a job but its better to find employment asap, because of W2 issues during interview/RFE.

Hope this helps!
 
Want GC Soon said:
Answer: You are wrong. Even if you have a gap on EAD, its not a problem as long as you dont work during that period. Moreover when filing 485 application, you are already in adjustment of status and there is nothing like out of status after filing 485. You can legally stay in this country and be without a job but its better to find employment asap, because of W2 issues during interview/RFE.
Click to expand...

No, Jaggy is not wrong. The original poster already mentioned that he is working on H1 is did not use EAD card yet. Jaggy mentioned that if he has H1 valid, he is OK.
 
nite_flite said:
Hi:
Our (Mine and wife's) old EAD has expired (in mid June this year). EAD was applied through my old company. Since then I have changed jobs (not applied for AC21).How can I renew my EAD? Do I have to show proof of employment? Will a new EAD from a different company have any effect on the green card application processing? (I have only the I485 stage left)
Finger Printing has also been done.

2) Is it OK to have a gap in-between two EADs if I can infact renew my EAD? Considering the fact that my EAD has already expired we will be looking at a 3 month gap ateast.

3) Is a valid EAD required when I go for my green card passport stamping process after my I485 is approved. Is passport stamping necessary at all? Currently as you know we (I and my wife) are not using our EADs but using our respective H1Bs instead to work and keep our status.

Anyinformation is appreciated.
Thanks in advance.
Click to expand...


In I-485 stage having or using EAD is optional. It's only required when you don't have any dual-intent visa (H1 or L1) and want to work. Otherwise, it's not required. As you have H1 and never used EAD, the gap is not an issue.
 
Yes when I replied I assumed that the original poster would be working as we all have to do it all the time, dont we?? ;)
 
Jaggy said:
Yes when I replied I assumed that the original poster would be working as we all have to do it all the time, dont we?? ;)
Click to expand...

Actually that part is not correct (the part I underlined). In I-485 stage it's not mandatory to work for employment GC as long as someone has an offer for the position on which GC is being sponsored (or same or similar for AC-21). That's the very reason applying for I-485 does not give someone authorization to work automatically. Either he has to obtain EAD or have H1/L1 to continue work.
 
What I meant from underlined sentence is that "we have to work to live in this world and pay our bills(at least I do :p )" AND NOT "We have to work to get I485 approval"
 
Good point on why USCIS does not give work authorization along with I485. Another reason why they do not give EAD and AP along with I485 is from the money point. The amount of revenue that is generated from the EAD and AP application is tremendous especially when some people have renewed their EAD and AP 4-5 times in a span of 4-5 yrs.
 
Jaggy said:
Good point on why USCIS does not give work authorization along with I485. Another reason why they do not give EAD and AP along with I485 is from the money point. The amount of revenue that is generated from the EAD and AP application is tremendous especially when some people have renewed their EAD and AP 4-5 times in a span of 4-5 yrs.
Click to expand...

I don't think it's related to revenue. By law, I-485 stage is considered "stay authorized by attorney general (actuallt DHS secretary)" and it does not provide any work authorization itself. On the other hand, refugee status, political asylums are also considered "stay authorized by attorney general". In this period, the beneficiary needs additional authorization to be eligible for work. That's the law. That's why EAD comes to picture.

Regarding AP, it's fairly new thing. 15 years back there were no concept AP in I-485 stage. It caused another problem because once I-485 applied people could not travel abroad, even in very emergency situation - unless they had valid dual-intent visa. Now the question is why USCIS does not issue AP alongwith I-485 application automatically. I guess USCIS wants to limit the issuance of this kind of documents. Basically they consider it to be issued in need basis - only people should apply for AP who need or can afford. Nowdays, atleast for employment based category it became common practice to apply for AP always - just to be on safe side. But I myself did not apply for AP because I had my H1 visa valid all along till I got my GC (my I-485 was approved within 4 months). And, in many cases, especially in family based category, people don't apply for AP and save money - considering the fact that many I-485 applicants don't travel abroad at all. I think instead of adding $50 or $25 bucks on the top of existing I-485 application fee for the purpose of issuing AP, it's better people have options.
 
You must log in or register to reply here.
Top