Whether to apply for EAD now are not

[appgc]

Currently my employer is ready to file for my I-485 (AOS). They already filed I-140(not approved yet). My employer's lawer said, since I have valid H1 till 2004, I need not have EAD or AP. So I should pay the lawer fees if I need EAD and AP for me and my wife (my company doesn't want to pay). In this situation, I have two questions.

1.If I don't apply for EAD with I485 now, then if I get laid off while my AOS is pending , will I be able to apply for EAD then? (while searching for jobs)

2. If I apply for EAD now only for me not for my spouse, if I get laid off while AOS is pending, what will be the staus of my spouse? Does she need to apply for EAD then? Or she can stay with me as AOS applicant without EAD.
Generally for how many days the EAD will be issued?

I am not thinking of leaving my employer. So I dont want to waste money for unnecessay things(EAD and AP for both of us). Just in case if some unexpected thing happens (lay off), I want to be in a safe position.

I am not able to make my mind in this issue. Your valuable suggestions are greatly appreciated.
Please advise ASAP. Thanks in advance.

 

[jaxen]

1. Yes. With I485 receipt copy you can apply any time.
2. EAD is required for spouse only if she is going to work. Otherwise mere I485 receipt is proof of valid status (Adjustee or 485 pending)
3. EAD will be for 1 year. Generally it is advisable to renew it 3-4 months before expiry. By doing it yourself you will save a lot of money.

 

[telecomguy]

Re..

From my experience, dont apply for EAD when you apply for I-485, wait 3-4 months and then apply. This is because I-485 approval usually takes 12-14 months and then you would have to renew your EAD. So apply for EAD 3-4 months after you apply for 485, so that you get your GC before your EAD expires. If you are afraid of layoff, apply ASAP.