Is EAD required if your I-485 is pending ?

dave74

Registered Users (C)
Hi,

I am asking this question for my wife.

We had a tough time with her H4, fortunately, she got the NPT for her H4 until 9/24/2007 and then we had I-485 filed which was pending, hers was denied due to out of status H4 and now we are going to file for MTR for I-485.

Our EADs are expiring this Oct. 2010 and was wondering If I-485 doesnt get open in time and If we can't file her EAD renewal, will she be out of status ?

Is EAD required even if she is not going to work ?

Also, Do I need to send the EAD Filing Fees, since the Received Date on I-485 Receipt is 8/12/2007 and Notice Date is 9/24/2007.

Please reply.

Regards,

Dave.
 
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1. She will not be out of status. She is in a legal status authorized by the Secretary of Homeland Security as long as her I-485 is pending.
2. EAD is not required if she is not working nor is it required to maintain status.
3. If you apply for EAD you do NEED to send the filing fees because you filed under the special extension of July 2007 visa bulletin and you did not pay the new I-485 filing fees at that time.
 
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Hi fromnaija,

Thank you for your reply. Please reply to my question for my status.

I have my H1B valid until March 2012. I have applied for my EADs from 2007 when I applied for I-485 and the current EAD expires in Oct. 2010.
I never directly used my EAD for anything, donno if I indirectly used it, since I am still working for the same employer since even before I applied for my Labor.
I would not apply for EAD if its not mandatory for me, My PD is May 2006.

I am filing for EAD myself since I had too many expenses with H4 NPT & I-485 Opening then I-485 Denied, then H4 Denied and now filing for I-485 MTR, each case was considered a separate case and was charged separate fees.

Please reply, also, I have very less time for my EAD application, I was waiting for my wife's H4 NPT Result, for which fortunately, we recently got approval. The attorney is going to file for her I-485 MTR, hoping that her I-485 will be opened too.

What would you suggest, Should I file my EAD Renewal, will it affect me if I don't get EAD Approval before my current one expires on 10/1/2010 ?

Thank you for all your help.

Regards,
 
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If you are not using EAD and maintaining your H1 status, then there is no need to apply for EAD renewal.
Most people in your similar situation apply for EAD just as a backup to H1 or in situation where they no longer maintain their H1.
Personally, I do not see any need to have EAD if you are maintaining H1 status.
 
Dear fromnaija,

Thank you for your reply. I want to wait until my wife's I-485 MTR is opened and then will probably file for both of our EADs, so that she can get a license and may be take care of little errands.

Can I apply EAD even after its expired ?

Thank you,

Dave.
 
Dear fromnaija,

Thank you for all your replies. I really appreciate your help. Will keep you posted.

Hoping for My wife's I-485 gets open and the cutoff date moves past May 2007 and we get out GCs, Its been almost 10 years we didn't visit our home country.

Regards,

Dave.
 
Dear fromnaija,

Just to inform you of my status, the I-485 didn't open even after we applied, they mentioned only text as "Technically, You do not qualify", the attorney still wanted to file another I-485, so we did that and on other hand, our deportation attorney is so confident that he is saying that we will get our GC when our PD will be current, which un(fortunately), is near, less than a month away from my PD.

I think the USCIS keeps denying the I-485 because, the court has more authority over them and they can't decide until the case comes out of the Judge's hand, but our deportation attorney wants it to be with the Judge, and he says he will get us GC in the court.

For this reason, he got the next hearing date for Jan., 2011 hoping that the December 2010 Bulletin will give us good news and we can get GC in Dec. 2010.

I do not doubt him, but just want to find out from you if its possible to get GC from the court when the PD will be current.

Thank you for your help and replies,
 
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