EAD question

[pd_recapturing]

If one is applying I 140 and I 485 concurrently, will EAD come after I 140 gets approved or EAD will come irrespective of I 140 is approved or not?

[ChainReaction]

Originally Posted by pd_recapturing

If one is applying I 140 and I 485 concurrently, will EAD come after I 140 gets approved or EAD will come irrespective of I 140 is approved or not?

I also have the same question can someone comment on this

thanks !!

Bumming up /\ /\ /\

[manderson]

after

[chandrajp]

Originally Posted by ChainReaction

I also have the same question can someone comment on this

thanks !!

Bumming up /\ /\ /\

When I applied I140 and I485 concurrently along with EAD in June 2005, I got EAD approved and mailed in 1 month. But my I140 got approved after an RFE in the last week of Nov 2005. EAD and AP processing dates are different.

[dehradoon]

Originally Posted by refugee

Hey did you get the receipt notices(485/ead/aos) mailed to you directly from USCIS or it went to your attorney?

It comes to the address specified on the form that you filled for EAD

[chandrajp]

Originally Posted by refugee

Hey did you get the receipt notices(485/ead/aos) mailed to you directly from USCIS or it went to your attorney?

EAD and AP receipt notices are mailed to me. I-485 receipt notices are mailed to me. I don't remember receiving I140 receipt notice

[anilsal]

Think based on G-28 form, receipts for 485 will go to ur atty.

[royus77]

Can i travel out of the country after applying my 485 ,EAD and APO . My I 140 was already approved and I applied for 3 year H1B ext based on that petition ( bumped to premium this week ) .
Any advise

Thanks
Adde

[anilsal]

Originally Posted by royus77

Can i travel out of the country after applying my 485 ,EAD and APO . My I 140 was already approved and I applied for 3 year H1B ext based on that petition ( bumped to premium this week ) .
Any advise

Thanks
Adde

You have to make a decision on whether you want to use the EAD or continue on H1B. It is dependent on how much risk you want to take. On EAD, you are free to do anything (like extra work/income etc) but lose out if your 485 app gets denied. With H1B, you have to get stamping done at a consulate for travel.

[amsgc]

Hi,

After filing I-485/EAD/AP in July, if wife's current student status expires (in Oct) before the EAD card arrives, then what will be her status?

Will we need to file for H4?

Thanks,

Ams

[Madhuri]

I have H1 extension of 3 yrs after 6 yrs of H1 b'cos of approved I 140. Now when I file 485 and EAD, can I still use the H1 till expiry date if somehow 485 application gets denied before H1 expiry date?


I know if the CIR in it's current form is passed then this question becomes invalid, since I am consulting on H1.

Originally Posted by janilsal

You have to make a decision on whether you want to use the EAD or continue on H1B. It is dependent on how much risk you want to take. On EAD, you are free to do anything (like extra work/income etc) but lose out if your 485 app gets denied. With H1B, you have to get stamping done at a consulate for travel.

[nshalady]

Once you apply for I-485, you are in "adjustment of status" - an intermediate status. No H4 is required. However, you can work only if you have a work visa or EAD. In case of a student, if you have OPT, you are ok to work.

Originally Posted by amsgc

Hi,

After filing I-485/EAD/AP in July, if wife's current student status expires (in Oct) before the EAD card arrives, then what will be her status?

Will we need to file for H4?

Thanks,

Ams

[amsgc]

Originally Posted by nshalady

Once you apply for I-485, you are in "adjustment of status" - an intermediate status. No H4 is required. However, you can work only if you have a work visa or EAD. In case of a student, if you have OPT, you are ok to work.

Thank you for your response, I appreciate it. Unfortunately, there is not OPT in this case.

Due to the large number of cases to be received by the USCIS, it is just anybody's guess when these documents will be available, hence my question.

My next question is, if one applies for H1 (cap exempt) for spouse, while the EAD is pending, is that allowed? I doubt if anybody had to do this, but it may be something to consider going forward.

Thanks,

Ams

[perm2gc]

Originally Posted by Madhuri

I have H1 extension of 3 yrs after 6 yrs of H1 b'cos of approved I 140. Now when I file 485 and EAD, can I still use the H1 till expiry date if somehow 485 application gets denied before H1 expiry date?


I know if the CIR in it's current form is passed then this question becomes invalid, since I am consulting on H1.

you can maintain dual status .

[royus77]

Originally Posted by perm2gc

you can maintain dual status .

Have couple of questions .

1) What is the status of dependents in the above case ?WIll they still be on H4 or Adjustment of status( After applying 485/EAD and before getting the approval of EAD)