EAD before I-140 approval

[dazed]

Is it possible to get your EAD, if I-140 is still pending.

[Sreeshankar]

Originally Posted by dazed

Is it possible to get your EAD, if I-140 is still pending.

Yes, EAD is bassed on the 485 you had filed. But it is very very risky to use the EAD even before I 140 is approved, since if by chance it is not approved or some very difficult query comes, and 140 doesnot get approved, you lose your H1 or L1 or whatever current status you are currently in, if you had begun using EAD(since the 485 is based on future approvablity of the 140 and once 140 gets denied, the 485 and EAD automaticaly gets denied)

[sush]

EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.

P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.

[akhilmahajan]

Originally Posted by sush

EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.

P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.

Did you try to contact some one at the office. Mine is March 2007, but just reading your case, it gives me butterflies. I dont know whats going on and with all the 485 applications god knows whats going to happen. I hope u get it soon.

[maddipati1]

Originally Posted by sush

EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.

P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.

sush, my 140 was filed in 04/2007, i upgraded it PP on exact date 18thJun'07 and my 140 was approved on 26thJun'07. They have to approve 140 PP in 15 calendar ( not business ) days.

but, the PP approval status won't be updated in their website ( case status online ). It still shows mine as 'PP requested'. But my employer got courtesy copy of 140 approval notice in just a few days and a week later my attorney got the original 140 approval.

so talk to your employer and attorney. im sure they must have received it.

good luck


S

[shankar_thanu]

Originally Posted by Sreeshankar

Yes, EAD is bassed on the 485 you had filed. But it is very very risky to use the EAD even before I 140 is approved, since if by chance it is not approved or some very difficult query comes, and 140 doesnot get approved, you lose your H1 or L1 or whatever current status you are currently in, if you had begun using EAD(since the 485 is based on future approvablity of the 140 and once 140 gets denied, the 485 and EAD automaticaly gets denied)

What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?


thanks.

[guyfromsg]

Originally Posted by shankar_thanu

What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?


thanks.

By getting EAD you are not using it. When the company submits new I-9 form along with EAD that's when it get's "used". I'm in the same boat, will keep extnding H1 and also keep EAD as a backup

[StukAtBEC]

If I continue to be on my H-1B status after filing for I-140,I-485, EAD and I-131 concurrently, can my spouse who is currently on a H-4 Visa opt for her EAD after 90 days of filing these forms? If the answer to that question is an yes, is there any limitation in the kind of jobs she can do?

Also, what happens to her status if the I-140 application or I-485 application gets declined? Can she jump back to H-4 or does it require her to go to her home country for re-stamping? Do you see any potential issues in having her H4 visa re-stampped as she initiallay came to this country as a dependent and then later she used her EAD to work in USA.

[mkrisa]

[quote=StukAtBEC;144973]

Originally Posted by sush

EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.

If I continue to be on my H-1B status after filing for I-140,I-485, EAD and I-131 concurrently, can my spouse who is currently on a H-4 Visa opt for her EAD after 90 days of filing these forms? If the answer to that question is an yes, is there any limitation in the kind of jobs she can do?

Also, what happens to her status if the I-140 application or I-485 application gets declined? Can she jump back to H-4 or does it require her to go to her home country for re-stamping? Do you see any potential issues in having her H4 visa re-stampped as she initiallay came to this country as a dependent and then later she used her EAD to work in USA.

[mkrisa]

bumping

[Saralayar]

Originally Posted by shankar_thanu

What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?


thanks.

At the time of your entry, if your I 485 is approved, then use your EAD t enter into US. Otherwise, just use your valid H1B visa to enter US.

[JunRN]

Originally Posted by Saralayar

At the time of your entry, if your I 485 is approved, then use your EAD t enter into US. Otherwise, just use your valid H1B visa to enter US.

You mean "AP", not "EAD" to enter into US.