Word without EAD for 2 months, Green Card pending


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Posted

India EB3, PD Feb 2007, GC through employment. One of the many EADs I've had expired on 05/02/13 and I got the new EAD with a start date of 7/10/13.During that 2 month period, I was under the assumption I could still work legally because I had filed all required paperwork before the expiration of the old EAD. My PD will become current in a couple of months . Will this gap become an issue for USCIS? Also, I have been married to a US citizen  for over 2 years now so filing through marriage is also an option for me. Can you please advise if I am OK with proceeding with the Employment GC given the gap, or will be wedding based gc be less risky and this issue will not become a big deal? Other than the 2 month gap, everything else looks for my case. Thanks!

Posted

2 months gap might be a valid issue. Withdraw employment based gc and switch to family based gc asap (i.e before your pd becomes current), because uscis will send you RFE requesting to show h1b or ead for those 2 months gap. Its like a check-mate in chess!

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