What is the exact disadvantage of retrogression?

A

abuma

Registered Users (C)
Hi Guys,

Can anybody explain me what is the exact disadvantage of retrogression? I think after I-140 gets approved, one gets EAD and can maintain the status without H-1. Then evenif I-485 approval and actual greencard is delayed, should that really matter? Please explain me in case I am missing something. I am pretty new to all these concepts.:)
 
abuma said:
Hi Guys,

Can anybody explain me what is the exact disadvantage of retrogression? I think after I-140 gets approved, one gets EAD and can maintain the status without H-1. Then evenif I-485 approval and actual greencard is delayed, should that really matter? Please explain me in case I am missing something. I am pretty new to all these concepts.:)
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You cannot get EAD if I-140 is approved. EAD is tied to I-485. So, you can apply to EAD only when you file I-485. That is, if you are retrogressed, you cannot file I-485, hence cannot file EAD.
 
If you were able to file 485 when current (like in 2006 fiasco) then you get EAD which you can use. But, the authorities have been notorious in denying 485 cases for stupid reasons. Then your EAD is invalid and since you gave up your visa status when you used EAD, you are no longer on any legal status.
Now, other scenario is 140 approved and have files 485, then you are eligible for 3 yr extension (unlimited) at their mercy, provided you have your job in hand.
 
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