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Old 09-24-2010, 07:54 PM
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Join Date: Jul 2007
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nursekm is on a distinguished road
Default Apply for new EAD (Family Based)-Have an unexpired EAD till 2012 (Employment Based)

Hello,

My situation:

I have I-485 pending at NSC EB3 category with July 2007 filing date. My I-140 is approved. I am planing to quit my job and get a job in different job qualification.Hence cannot file AC21.

My wife got naturalized and after researching online, I made a decision to file new 485 with I-130,I-864 and I-131. My AP based on employment based 485 is expired and hence I applied for new I-131 through family based thus saving money.

I did not apply for I-765 (Family Based) as I had an active EAD untill 2012(Employment Based).

I am to quit my job and afraid that my I-140 (Approved Jan 2008) will be pulled and hence my I-485(Employment Based) will be denied/revoked. Since my active EAD is based on the employment based 485, it will be unusable/revoked as well.I do not want to invoke AC21. For this reason, I want to file EAD based on Family -I-485.

My question is :

1) Can I file for I-765 based on pending I-485 (Family Based IR1).
2) Since they required to submit the last EAD issued - which in my case is employment based EAD expiring in 2012, The chances are USCIS will deny it or am I to do something differently?

In brief,

How do I apply for 2nd EAD (Family based IR1 with new I485) while the Employment based EAD is still active?
What documents should I turn in ?
How do I explain USCIS about the situation?
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