EAD with EB2 I485 Pending with an expunged misdemeanor battery charge looking for part-time job


Recommended Posts

Hi there, I've an EAD under EB2 with a PD from 2013 (same american employer for 10+yrs) and was told during the AOS Interview that the Visa numbers were not available and my case remains pending. The VO has stated that I should get the GC once the dates are current. There's Visa Retrogression and by the looks of it, it may not be current anytime soon. I had a past Misdemeanor Battery case that I was found guilty for about 14yrs back and it's Expunged. I provided all the details while doing the Straight Filing as well as ensuring that I had an Attorney representation during the AOS Interview and provided my latest pay stubs, tax returns etc upon VO's request. She just asked if I had anything else on the record and didn't touch anything in depth around what exactly happened over the altercation and was  cordial all along. 

With my history as above, my questions are these below:

-> Is it okay for me to switch to EAD and start doing part-time in a diff. field (warehouse, uber etc for supplimental income) while maintaining my primary job with my current employer who sponsored me for this I485?

-> What impact it has if I get laid-off in my primary job?

-> What if I get any RFEs/asked for a 2nd interview/denied of I485 when the dates become current?

-> I also have a kid < 5yrs old and not going to rely on his mother's citizenship for a GC due to issues on a routine basis.

Could you please let me know what I need to watch out for? I feel like being put under the thumb for 15yrs and at a point where I should really start taking advantage of this EAD. Thank You!


Edited by immhelp01
update 2
Link to comment
On 11/11/2022 at 10:16 AM, Zodiac System said:

I hope you have your H1b too parallel with your GC EAD.  H1b is your backup.

Thanks for the kind response, Zodiac! Feel like this retrogression will take more than a year or maybe multiple years to catch-up to atleast 2013. Just waited too long and thinking if I could use this EAD with minimal legal implications, I could make-up a bit for lost time.:-)

Edited by immhelp01
Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.