Timeframe for EAD and GC under EB1/EA

2006gc said:
ixora78,
If you have an AP, then there is very little or no risk at all even if I-485 is denied. If I-485 is denied, your spouse can still enter this country using H-4 visa. Only when she uses her EAD, her H-4 gets invalidated and you need to reapply for her nonimmigrant status (I-539) if her I-485 is denied. She will still maintain her H-4 status if she uses the AP (I-131 document) alone.
Check with an attorney if the above statements are true.
Your GC will not be affected even if her I-485 is denied. But your I-485 denial may have an impact on her case as she is deriving her benefits as your dependent.
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The following is what I get from a conversation with an immigration attorney sometime ago.
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If you use the AP to enter the US, your status become that of an advance parolee. Your status is no longer that of H1B. You cannot use your H1B to work. You need to use EAD to work.
If you enter the US with H1B visa, you keep your H1B status. You can use either H1B or EAD to work.
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A similar logic will apply to the H-4 dependent, I guess. In my opinion, using H1 or H4 will be safe if your I-485 is pending.
 
2006gc,

To add to you comment on "I-539, if her I-485 is denied" My Attorney says that she would have to leave US and re-enter US on H4 visa stamp on the basis of principal H1b visa.

leviathan,

I dont think that use odf AP invalidates H1b visa if one has maintained his H1b status. But then a common sense is why would one use AP if one has valid H1b stamp. Same thing is applied for H4 visa. The important thing here is not H4 status but H4 visa stamp in passport.

Certainly, one shd maintain non-immigrant status (H1b and H4 visa) until one becomes a permanent resident.
 
NIW Nov 04 and leviathan,
My statements were based on my recollection of my discussions with our attorney a couple of months ago. He always encourages us to use AP to travel abroad when I-485 is pending. He had also stated that using AP does not invalidate nonimmigrant status (H1B, H4). So I am not 100% sure if they were correct.
If someone uses EAD and I-485 gets denied, he/she has to leave the US and submit I-539 petition to gain nonimmigrant status based on the principal H1B of spouse. The same is not true if one uses AP. If your immigration attorney stated otherwise, he could be correct as I may have misunderstood what my lawyer said.
 
EAD time frame

Hi,
I applied for EAD on 09th June 2008. My biometrics was on 02nd July 2008. So far I have not received my EAD. USCIS website shows my application as pending.

Can anybody say what is the normal time frame between Biomatrics and EAD approval.

Regards,
appu
 
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