What's the likelyhood of problems when using EAD ?

[marlon2006]

I am on 6.5 years of H1B.
I just got LC approval information. My visa number is current.

If I file I-140/I-485/EAD/AP and give up from filing 7th year of H1B, how many percent chances I have to face problems with I-140 Intention to Deny ?
My plan is working for a second employer while keeping current full-time job, which has sponsored my greencard. Wife wants to use EAD and begin work asap as well.
Please advise.

 

[jllag1]

I am on 6.5 years of H1B.
I just got LC approval information. My visa number is current.

If I file I-140/I-485/EAD/AP and give up from filing 7th year of H1B, how many percent chances I have to face problems with I-140 Intention to Deny ?
My plan is working for a second employer while keeping current full-time job, which has sponsored my greencard. Wife wants to use EAD and begin work asap as well.
Please advise.

Your status will be 485 pending if you use your EAD to start working for a new employer. People usually keep H1 status while their AOS is pending for backup, incase anything happens with AOS. So that is a risk you have to consider yourself. On the other hand, your wife can start working on EAD (even when you are still on H1). If anything happens to AOS, she can always leave country and return back on H4 if you are still on H1. So if the second job is not terribly important, you should not use your EAD and keep H1 status.

There is gray area about people working on H1 for one employer and start working on EAD (lets say part-time) for another. Question is, can that person still keep extending H1?

 

[marlon2006]

Thanks. That makes sense to me.
Interesting, I talked to my lawyer yesterday and he said that in EB3 cases, the likelyhood of getting I-140->EAD denials are very small, and therefore the plan is using the EAD and not bother to get the H1B, due to financial reasons. Lawyer would charge bick bucks for H1B for myself and dependents ($2,000+)...

Your status will be 485 pending if you use your EAD to start working for a new employer. People usually keep H1 status while their AOS is pending for backup, incase anything happens with AOS. So that is a risk you have to consider yourself. On the other hand, your wife can start working on EAD (even when you are still on H1). If anything happens to AOS, she can always leave country and return back on H4 if you are still on H1. So if the second job is not terribly important, you should not use your EAD and keep H1 status.

There is gray area about people working on H1 for one employer and start working on EAD (lets say part-time) for another. Question is, can that person still keep extending H1?