Welcome to Law-Forums.org!   

Advertisments:




Sponsor Links:

Discount Legal Forms
Discounted Legal Texts


I-485 Pending And F1/ead

Talk about immigration laws here

I-485 Pending And F1/ead

Postby Arwin » Thu Jun 09, 2016 7:42 pm

I had applied for a green card(EB3 category) in 2007 and received an EAD, AP and approved I-140 but since the priority date was not current I did not receive a green card and the status has been - I-485 pending. I left the US in 2008 and thought my green card process was abandoned. I applied and got into grad school in the US in 2010 and came back on F1 visa.

Now, since H1 B's are hard to come by, I checked with my previous company and the lawyer told me that my I-485 application is still active at USCIS(I don't know how he checked it). Now, I was wondering if we could apply for a reissue of an EAD since my green card process has not been cancelled for some reason?

My questions are:

1. Can I work for any company if I get an EAD for two years validity? This is very important because most companies don't want to do H1B's anymore. I will now apply for business/management jobs whereas my original I-140 was for an engineering position. As long as I don't apply for a green card, do my new employers need to do anything?

2. If I want the green card then the company will need to file I-485 again, can I use the same priority date of 2007?
Arwin
 
Posts: 50
Joined: Thu Mar 06, 2014 4:54 pm

I-485 Pending And F1/ead

Postby Deker » Tue Jun 14, 2016 9:25 am

Hi,

You have abandoned your I-485 application since you either departed the U.S. without advance parole document, or else did not enter the U.S. again(either in H1B status or on advance parole) within the expiration date of advance parole document. Thus, you will not be eligible for EAD again based on pending I-485.

However, if your employer is still offering you permanent, full-time employment, you can either eventually file another adjustment of status application if you are in the U.S. legally when your priority date is again current or, alternatively, you can apply for an immigrant visa at a U.S. Consulate in your home country when your priority date is again current. You will use the same priority date of 2007.
Deker
 
Posts: 37
Joined: Thu Jan 30, 2014 10:45 am

I-485 Pending And F1/ead

Postby Connolly » Fri Jun 17, 2016 4:26 am

I had applied for a green card(EB3 category) in 2007 and received an EAD, AP and approved I-140 but since the priority date was not current I did not receive a green card and the status has been - I-485 pending. I left the US in 2008 and thought my green card process was abandoned. I applied and got into grad school in the US in 2010 and came back on F1 visa.

Now, since H1 B's are hard to come by, I checked with my previous company and the lawyer told me that my I-485 application is still active at USCIS(I don't know how he checked it). Now, I was wondering if we could apply for a reissue of an EAD since my green card process has not been cancelled for some reason?

My questions are:

1. Can I work for any company if I get an EAD for two years validity? This is very important because most companies don't want to do H1B's anymore. I will now apply for business/management jobs whereas my original I-140 was for an engineering position. As long as I don't apply for a green card, do my new employers need to do anything?

2. If I want the green card then the company will need to file I-485 again, can I use the same priority date of 2007?
Connolly
 
Posts: 28
Joined: Sat Apr 12, 2014 6:36 am


Return to Immigration Law

 


  • Related topics
    Replies
    Views
    Last post
cron