FAQ: I-485 Pending Using EAD Consequences
Hello sir,
I am a Registered nurse present in the US with F-2 visa stamp on my passport. My husband, being in grad school, has 2 more years of valid I-20. An employer sponsored me the green card, and recently I received my EAD based on I-485 application. But both my I-140 and I-485 are still pending. The employer wants me start working although my I-140 is pending.
1. Do you recommend to work on EAD while I-140 still being pending?
2. If I use that EAD, and by any change if I-140 is denied later, should I leave the USA to avoid unlawful presence? How can I come back to F-2 status again?
On the other hand, the employer claims that as long as my husband maintains his F-1 status, my F-2 status will not be affected.
Thank you for your time and suggestion.
---------------------------FROM RADHA---------------------
Hello Rajiv,
I am on H1b, past 16 years, My Priority date is current ( my old employer 2008 *EB3),. by porting now with a current employer planning to file 485 in a couple of weeks.
H1 validity until October 31st 2020
If 485 is pending status can we apply for every one-year H1 extension until we Received Green card?
Is there any Max out period for h1 b because we are here from 16 years on h1?
If any Reason I 485 Denied or Rejected with current employer, in that case, can I Reuse My Priority date for new employer and file I 485 again?
can I get as usual my h1 extensions after Gc denied ? will I loose all my GC and H1 extension? do I have to leave the country ?
If I lose my h1 because of 485 denied , in that case, do I have to apply New H1 in lottery system?
If H1 extension denied , by using my EAD or EAD receipt can I transfer MY H1 to New employer? ,even after my I -94 expired?
Is it possible to get extension until I get green card?
if any reason If I move to F1 can I reuse or retain the priority date in future when I move back to my H1 ?
if we get GC EAD , can H4 person work on GC EAD ? IF Yes ,incase 485 Denied ,does H4 person has to step out country ? Re enter on H4 visa ?
or she can move to EAD TO H4 while she is in US ? without step out country?
Thank you,
Radha
------------------------------FROM Kumar ------------------------
Hi Rajiv,
Thank you for providing an opportunity to ask questions on this forum.
Here is my situation:
I have been working with company A since 4 years. I have future based green card processing in progress with company B. My priority date is Dec 2009. I have downgraded from Eb2-I to EB3-I as dates in eb3 moved forward. During this process of downgrading, I have applied for new I-140 with existing perm. I got my EAD in EB3-I last year. I am unable to use the EAD as my I-140 in EB3 is not yet approved. I filed this I-140 in Eb3-I during Dec 2018. It has been 19 months now that I-140 in Eb3 is not yet approved. We have raised numerous Service requests. I have created a ticket/case to USCIS ombudsman. do you think it will work?
1. what other options do I have?
2. Is congressional inquiry better than ombudsman service?
3. If I do not hear anything in next one month, can I still apply for premium processing though I contacted ombudsman?
4. do you think some one will ever look at this petition?
5. in worst case, is my I-140 in EB2 still valid? if Eb2 date becomes current, can I refile my AOS in EB2 category?
6. my EAD is expiring in dec 2020 - AP has validity till 2021. I am renewing my EAD, can I ignore applying for AP? should I apply for AP?
Thank you
kumar