Is it legal to stay in US is you don't have job with I140/485 pending

T

taishan

Registered Users (C)
My friend has applied for EB1-EA with 140/485 concurrently filing a year ago. Non of the two gets approved so far. But he has EAC card. his H1B has expired couple of months ago. He has EAD card and he has not find a job. Is he still in legal status?

I appreciate your help!
 
As long as his I485 is pending he is in a 'period of stay authorized by the attorney general'=legal.

BUT,
Worst case scenario: his EA case gets denied without RFE (seems to happen lately). In this case, he would be out of status immediately as he doesn't have a valid visa to fall back on. Getting a prophylactic H4 might be a good idea for that case.

There is no formal requirement to work while your AOS is pending, however if he applied for EA they might ask in an RFE for proof that he is still working in the field that his EA petition was filed for.
 
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