Pending Employment-Based Form I-485

[richrich]

I am on H1-B and my 6 years will be over by July 25th,2016. My spouse got an approved I-140 and his company applied EAD for both of us and it was acknowledged by USCIS on May 25th.

My country of birth is Kuwait and with that we are eligible for cross chargeability and hence we are expecting EAD maximum by August.

 

There would be a gap between my H1-B end date and EAD approved date. In this case, can I stay in US on pending EAD status? What would be my status during this time? 

2. Is there a way I can expedite my case with USCIS because I will not be able to work without authorization and it is a financial loss? What are the different ways we can contact USCIS for expediting? 

3. We have a planned India vacation on July 19th. What would be the consequences if we travel without EAD coming through? 

 

[pontevecchio]

1. EAD is not the reason why you are legally allowed to stay after your H1 ends. It is the pending AOS which lets you stay legally awaiting AOS.

 

2. Realistically, NO.

 

3. Again EAD is IRRELEVANT. If you travel without AP aka Advance Parole, you run the risk of abandonment of the AOS and hence long delays and conversion to CP before being allowed back. What status is your spouse in as of now?

[richrich]

Thank you so much for your response. My spouse is in H1-B. He got it till 2019 with his approved I-140. 

[pontevecchio]

In your position I would wait till the last minute and postpone the trip if you do not get the AP by then. On the other hand you can always return in H4 status along with your spouse in H1 even were you to travel without the AP.