question on filing i 485 -

[vendy9999]

my priority date just got current....so wanted to apply for the i485 ..

got some question..

when i checked with some attorneys, they gave me some quote that includes filing EAD and AP for both me and my wife..

1. my h1b is valid until 2013..most probably, i might use it until then...do i still need to file for the EAD and AP along with i485..or can i do it later if i still dont get the green card by end of this year..if yes,how long will it take when i file for EAD and AP later on..

2. how long is the EAD and AP are generally valid for..is it only used for one time travel and do i need t file it each time I travel?

3. my wife has no plans to work..so,do i still need to file for her EAD as well or can i just file AP for her travel ..

4. if i have my EAD, can i work for my employer and also do some part time for the vendor and get a 1099 from him simulateously?

kindly advise

[spenumatsa]

my priority date just got current....so wanted to apply for the i485 ..

got some question..

when i checked with some attorneys, they gave me some quote that includes filing EAD and AP for both me and my wife..

1. my h1b is valid until 2013..most probably, i might use it until then...do i still need to file for the EAD and AP along with i485..or can i do it later if i still dont get the green card by end of this year..if yes,how long will it take when i file for EAD and AP later on..

2. how long is the EAD and AP are generally valid for..is it only used for one time travel and do i need t file it each time I travel?

3. my wife has no plans to work..so,do i still need to file for her EAD as well or can i just file AP for her travel ..

4. if i have my EAD, can i work for my employer and also do some part time for the vendor and get a 1099 from him simulateously?

kindly advise

1. Now that our PD is current, it is advisablet to file for your I-485. If for any reason the USCIS does a retrogression, you may not be able to file for your AOS as your PD is no longer current. I do not understand what you mean by or can i do it later if i still dont get the green card by end of this year. You will get your green card only after filing for AOS (I-485). When you file your I-485, you also have the option to apply for AP. Once you file your I-485, you will get your EAD and AP within 3-4 months depending on the service center that you send your application.

2. From my experience, the EAD and AP are valid for 1 year.

[Belle]

1. You don't need EAD if you have H1.

2. One year.

3. She would not need EAD. She may also travel on H4.

4. You can have as many jobs as you want with EAD.

[Attorney_22]

Generally, it is advisable to maintain H1B status while your adjustment of status (AOS) petition is pending even if you requested EAD and AP documents. It may also be advantageous to request both the EAD and AP even if you intend to maintain your non-immigrant H1B or H4 status through the adjudication of your AOS. This option gives you flexibility if an issue arises either with your H status/visa, or by maintaining H1B, if an issue arises with the AOS petition. If both the EAD and AP are requested together, the validity should be for one year if your priority date is current, two years, if the priority date is not current. Please be aware, possessing and EAD or AP will not affect your current H status, but once either is utilized you or your spouse will no longer be considered maintaining H status. If you have additional questions it is advisable to speak directly to a qualified U.S. immigration attorney.