Is EAD based on one specific I-485?

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cdhi2002

Registered Users (C)
Is EAD based on one specific I-485, or whenever I have any pending I-485, the EAD should be fine to use? For example, if I have two I-485 (NIW and Eb1) and filed EAD based on NIW I-485, when my NIW I-485 was denied, while Eb1 I-485 is pending, is that EAD still effective? If I already used EAD, will the denied NIW I-485 effect my AOS status, even my Eb1 I-485 is pending?

Thank you,
 
That's good news. So the short answer is that it's a grey area that doesn't have a specific policy/rule tied to it. But since you have the same A# on both I-485s, and hence presumably on your EAD, then the grounds of eligibility of having an EAD (i.e. a pending I-485) will remain valid even if one of the two is denied. So as long as you can make this argument, you should be okay. But with any grey-area topics, other people may have different interpretations, but the fact that the same A# is on both the I-485s is to your advantage in my opinion. You can make your case if confronted by USCIS, whatever the likelihood of that is.
 
Thanks, jk0274.

So how do you think to file 2nd EAD based on Eb1. I heard it may be denied due to I already have one (my current EAD will be effective until April,2009, almost one year). I think If so, I may meet trouble when I apply (or renew) EAD next time. For example, to answer the question "whether we applied EAD before, and result", I probably need answer "denied". I think this will make my application not in good
shape.

any suggestion?

Thanks a lot
 
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I'm not a lawyer so this is only opinion: You are operating under the assumption that your current EAD is now invalid, but this is a grey area and may not necessarily be the case.

Many might agree with you. But on the other hand, the EAD you have now is a (c)(9) category, and in fact you DO have a pending I-485 with the same A# as the one on your current EAD. So whether the EAD is invalid is subject to interpretation and may not actually be invalid. So I would ask other opinions (plus a lawyer or two) to see if you actually do have to apply again for EAD. Lawyers might give you conflicting info since this is, as I said, a grey area. Perhaps even an infopass appointment might be useful to see what an Immigration Officer thinks.

The other thing you can do is to apply for a new EAD now based on your other I-485 receipt, and include a copy of your current EAD and the receipt it was based on but write in clear large letters: THIS EAD IS INVALID BECAUSE THE UNDERLYING I-485 WAS DENIED, HENCE MY APPLICATION FOR A NEW EAD ON THE BASIS OF ANOTHER STILL-PENDING I-485. That way you reduce the risk of a new EAD being denied, as you fear might happen.
 
Thanks. In fact, my NIW isn't denied yet. that's just my concern. So I may be able to try apply a new EAD based on Eb1

jk0274 said:
The other thing you can do is to apply for a new EAD now based on your other I-485 receipt, and include a copy of your current EAD and the receipt it was based on but write in clear large letters: THIS EAD IS INVALID BECAUSE THE UNDERLYING I-485 WAS DENIED, HENCE MY APPLICATION FOR A NEW EAD ON THE BASIS OF ANOTHER STILL-PENDING I-485. That way you reduce the risk of a new EAD being denied, as you fear might happen.
Click to expand...
 
nothing. Just because I'm using EAD to work. If NIW is denied and EAD becomes invaild, I can't continue to work until the new EAN is approved. So if EAD is based on specific 485, I want to apply for a new EAD based on an approved 140 case to be safe.
 
Oh geez - at least wait for an RFE for your NIW before you worry about this. Besides, if I understand correctly, you have an approved EB-1? If you are qualified for EB-1, you should very well be qualified for EB-2 as well :)
 
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