Question on EAD for marriage Based 485 application while employement Based 485 is Pending

resident1374

Registered Users (C)
I saw many posts regarding the multiple filings of I485 - I am in the same situation of waiting for the Alien Registration file to be transferred to the local office.

Currently, I am working with my H1B (9th year) and I plan on renewing it if needed but here is the big question, if I don't want to renew my H1B -

Which EAD to use? (I have Employment based EAD and Family based EAD) -

If I use employment based EAD, then the family based GC process shuts down?
If I use family based EAD, then the employment based GC process shuts down?

What about renewals? Do I have to renew both of the EADs?

Because of this confusion, I am still on my H1b - keeping both the AOS alive.

Anyone in the same situation?
 
If I use employment based EAD, then the family based GC process shuts down?
If I use family based EAD, then the employment based GC process shuts down?
No, both stay alive until canceled or withdrawn or expiration.

What about renewals? Do I have to renew both of the EADs?
No, you only need to renew the one you plan to use. The employment-based one can be screwed up by your employer laying you off and revoking the I-140 before you get a new AC21-compliant job, so if you're going to renew just one, renew the family-based one.

If your EB I-485 was filed before the Summer 2007 fee changes, you would have to pay to renew the EB EAD. But assuming your family based I-485 was filed after that, it would be under the new fee structure which allows EAD renewals at no extra cost. So that's another reason to renew the family-based one if you're not renewing both.
 
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