Can I work Independently on EAD?

[omshiv]

Need Advice from Experts please.

I had filed I140/I-485 concurrently in June 2007. I got I140 approved last month. I'm outside US now and my 6yr H1B expired. My desi employer is not willing to Extend my H1B because of the costs involved and uncertainty of approval.

I applied for my EAD & AP this week from here (India).

My questions are

1) How much time would it take for EAD & AP to get Approved?

2) Can I come to US directly on EAD & AP?

3) Can I work independently on EAD, working as Fulltime employee or as Independent Consultant?

Or am I still obligated to work under my employer?

Your responses would highly be appreciated.

[pontevecchio]

Since you are in India now you cannot file AP/EAD.Talk to your GC sponsor about the matter. You may need to convert to CP or come over in H1 status and then apply for AOS. Are your

[pontevecchio]

Just adding what is your PD?

[krameshkumar]

As per my knowledge, you cannot apply EAD and AP from outside of USA.

This is just my opinion.

[Joe.F]

Did you leave the US after your H1 expired?

If so, the I-485 is considered abandoned.

There is a provision in the law that it stays valid if you have a valid H1 and return with a valid H1.

You can NOT file AP from abroad.

If you can't come back on H1, you would have to change to CP.

[Transformer]

CP is the only option for you. EAD is available only for AOS cases and NOT for CP cases.