Should I file for EAD?

[nj_skm]

Friends,

My wife and I have filed the I-485 last May. She's the primary applicant and I'm the dependent.

I'm also on an H1B visa and didn't see much point in applying for an EAD as my H1B suffices for the present.

Unimaginably, our approval has been delayed due to a namecheck.

I now have a very good offer from a new employer who is willing to do an H1 transfer but would prefer that I apply for an EAD and use that instead. We're wrangling over this issue. It's a good offer and I don't want to lose it.

How advisable is it to apply for an EAD and lose my present H1B? We're in VSC. How long does and EAD approval take nowadays from the VSC?

I've been seeing some threads where EAD renewals are not being processed in time. If this happens to me, my new employer will simply lay me off as they're a giant corporation and have set 'rules' and 'official company policies'. I guess you know what I mean.

I have 2 yrs 8 mo left on my 6 yr limit on H1B so that's ok.

My concern here is simply this: if I apply for an EAD now and when I apply for a renewal, if the renewal is delayed for 3-4 months, I'll lose my job and I'll also have lost my H1 and wouldn't be with an EAD either.

Thanks,
nj_skm

 

[jimothy]

Its unlikely that the EAD will be delayed for that long if it is. Most of us who are having trouble getting our EAD didn't renew in time I suspect. Its true that there are people who no fault of their own are stuck without a renewal but that can happen with any CIS application aswe all know. CIS now suggests applying 6 months before the expiry date. I would also recommend going through the service center rather than sending anything to the NBC and applying 6 months out and I would think you would be fine.

 

[nj_skm]

Thanks!

You're waiting for 29 months for a namecheck to finish?

Didn't you think about a WOM?

nj_skm