Two EADs

[jmdi]

My husband has a 485 pending since June 2002. He was laid-off 2 months after filing for 485.

Since he did not complete 180 days with his original employer, we thought it would be good to have a back-up. Now I am at a stage that my company is planning to file for 140 & 485 for me and my husband as dependent.

My company is filing for NEW APPLICATIONS for 1485, advance payroll and EAD for both of us.

Is it a good idea to file a new EAD for my husband as he is currently working on EAD thru his case ?

Will filing a new application for EAD thru me autmatically cancel his previous EAD (as it is illegal to have two EADs )?

Please give suggestions....

Thanks,

 

[mavishka]

Since your husband has already completed 180 days after filing 485 you're safe, i.e., you could take advantage of AC21 and submit proof of new employment (only in case of RFE) even though your husband was laid off 2 months after filing 485.

About your other questions:

Q: Is it a good idea to file a new EAD for my husband as he is currently working on EAD thru his case ?
A: No need to apply for EAD through your 485.

Q: Will filing a new application for EAD thru me autmatically cancel his previous EAD (as it is illegal to have two EADs )?
A: No idea. But if you already have an EAD why waste money to apply for another one.

But yes, do apply for your 485 as a backup.