AOS and EAD

[ksribhas]

I am on L1A
Wife entered with me on L2

our I-140 and I-485 EB(1)© are pending

I have not used my EAD and AP.
Wife started using her EAD for work.

 

Does it mean she is not on L2 anymore?

 

What happens if I-140 is denied?

 

What is the process to be followed to bring my wife on L2 and get EAD under L2?

 

I wanted to know what steps to be done to ensure her work is not interrupted irrespective of I-140 status.

 

 

Please let me know

Thanks

[itsmeusa]

Assuming she is using EAD given due to pending I-485 and her employer has her EAD info on I-9, she is considered to be in "AOS Pending" status.

 

If I-140 denied, I-485 will be denied too. Those EAD / AP given are not valid anymore.

 

If that happens, you need to bring her back to L2 status and also file her EAD. Even if you don't like, her work will definitely be interrupted.

[jay76]

i applied my EAD & AP  July  22 nd  nebraska service center, still showing initial review, generally how long it take get ,any one have same issue?, could respond please

I am on L1A
Wife entered with me on L2

our I-140 and I-485 EB(1)© are pending

I have not used my EAD and AP.
Wife started using her EAD for work.

 

Does it mean she is not on L2 anymore?

 

What happens if I-140 is denied?

 

What is the process to be followed to bring my wife on L2 and get EAD under L2?

 

I wanted to know what steps to be done to ensure her work is not interrupted irrespective of I-140 status.

 

 

Please let me know

Thanks

[itsmeusa]

These days EAD / AP are taking almost 110 to 120 days. 

[jay76]

These days EAD / AP are taking almost 110 to 120 days. 

Thank you  for response.    if we have  apply receipt , still we can work  correct ( in status).If know any one plaese reply  -thanks

[itsmeusa]

Nope. You need to have EAD in hand to be able to work. This is not H1b.

[Belle]

You wife can - and should - get an EAD based on her L2. She can use that card to work. If your I-140 is denied, then obviously, I-485 are denied, and I-485 EADs are invalid. 

[ukumar10]

Help / guidance needed -

 

All please advise -

 

I am waiting for GC since last 8 years in EB3 category.  Using EAD and have changed the companies in same profession. Now working with my current company since last 4 years and they have just initiated the process to file in Eb2 however, there are managerial opportunities internally in the company and company wanted to give that to me. However, immigration attorney for the company told my company that they can't do and I have to be in the same profession until I get my GC. Hence, company discard the idea to provide me the opportunity.

I am an engineer and help project managers to build the big chemical plants however, the opportunity was for me to lead the projects overall as project manager.
What you all think was that Ok or attorney's scaring my company or is it true because I talk to some outside attorney and he says that USCIS doesn't expect you to remain the same forever?

 

What is the opinion of forum's expert please advise?

[itsmeusa]

If this project manager role is considered as a vertical promotion for a engineer like you, then definitely you could go for it on EAD. If what lawyer was saying was correct, then many of my friends who received EAD as analyst or engineer would have never become Program Managers today (they are still on EAD - EB3 I-485 was filed in Jul/Aug 2007 fiasco).

 

To file EB2 for the same employer, new job must have job responsibilities 50% or more different than job responsibilities of EB3.

 

So, in your case, you can go for PM role on EAD and meanwhile start EB2 process with the same employer.