Received EAD though i-140 is Denied Can I use EAD for Jobs or not?

[pallavireddy]

Hello All,

I have a few questions about the green card EAD/I-485 application.

In chronological order, my I-140 was denied (due to a missing signature by the employer, an attorney's mistake) sometime in 2020. Subsequently, my attorney applied for the I-485 Supplement J in April 2022. After a few weeks, I received my EAD - Advance Parole card. I'm unsure whether the EAD I received is based on my original I-140 or the Supplement J form filed later.

Who should I contact to verify the validity of this EAD card? I've heard that sometimes they issue EAD cards by mistake even when the I-140 is denied. Can I use this EAD card for changing jobs and traveling outside the country? What should I do in this situation?

I'm in the midst of a job search and have found a couple of opportunities that require the use of an EAD. Can I proceed and use the current EAD? I have also separately filed the I-485 with my husband as a dependent. Once I receive a clean EAD for that application, can I transfer my W-2 to this one?

Given the slow job market, what are the implications if I use the current EAD? What potential consequences might arise from its use? 

If I use what can I do to mitigate issue?

 

Current case status: 

On April, 2022, we received your case and waived the filing fee for your Form I-485J (supplement J), Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), Receipt Number xxxx. We mailed you a notice describing how we will process your case. Please follow the instructions in the notice.

-Pallavi

[Attorney_15]

Generally, an EAD's issuance and validity require a pending I-485. It is not unheard of for an I-140 to be denied and appealed with USCIS leaving the I-485 pending throughout. In the facts you describe it seems like something else might be going or needed. Therefore, we recommend that you consult with an experienced attorney who can review your situation and provide you with specific advice.