H4 EAD - EB1 NIW - I 485

[msiva1981]

Hello all,

   I am in a very unique situation.

1.I-140 approved in EB2 with priority date Nov 2012

2. Was working on H1B with extensions based on 140 and was laid off in April 2016

3. Been working on EAD based on wife’s 140 currently

4. Never been out of status

Now, i have a lawyer applying for EB1 NIW and he is confident that my case would be approved.

My questions are

1. When i apply for 485 AP/EAD and get the EAD, what happens to my H4 EAD

2. If 485 EAD superseeds, then should i let  my employer know?

3. My attorney told me that i can have both EADs and use H4 EAD. He wants me to stay on H4 and work with H4 EAD until GC comes through. He even said i can travel on H Status with AP and keep working in H4 EAD. Has anyone done this before?

4. When i get 485 EAD, what happens to my wife? Does she get EAD as well?

5. I am dependent on her for H4 and she is depenedent on me for GC. Are there any isssues experts here see?

Thanks a lot for helping out

[pontevecchio]

Since you have a lawyer, please do not try and second guess him by asking laymen in a forum. No contributor here is an expert. Your lawyer seems to be on the ball.

[cap-gap]

what is EB1 NIW? there's no such thing under EB1..

invoking EAD based on 485 will kick you out of H4 status..FYI...

Unless you moved to H4 next day after layoff, I doubt you maintained a "continuous status"..you might have received a H4 COS I94 but for filing 485, it is a different story..did you travel and reenter since your layoff?