I-140 , I - 485 questions/clarification

[umamouli]

What is the name of your state? MN

Hi,

My husband's co. applied for his greencard on EB1 category in Nov 2006. They applied for I-140 and I-485 parallelly.
We received receipts for EAD and Advance Parole. (i was also included in the application)

1. Only my husband has received appt. for Finger Printing. I have not received the appt.yet. If they file our case together, am i expected to get the appt. at the same time or time can vary ?!
2. Finger printing is a process in I-140 or I-485 ?
3. If finger printing is done, can we expect EAD soon ?
4. After we receive EAD, will we no longer be in H1 status.. will we be in EAD status. ?

thanks in advance,
uma

 

[ImmigAttyLana]

The fingerprinting is for the I-485 and not the I-140 and although your cases were filed together, you will get a separate receipt notice and the fingerprinting is not necessarily going to be at the same time. Was the priority date current for the employment-based category, enabling the concurrent filing?

As for the EAD, you should receive that within 90 days from the date of filing; it does not necessarily have to do with when the fingeprinting is done. As for the H-1B/H-4 continuation, if you are still on the H-1B/H-4, then it will not cease simply because you get the EAD. As long as your nonimmigrant status is valid or is extended, you will maintain that status in addition to being a pending applicant for adjustment of status.

 

[umamouli]

Thanks for the clarification Lana..

I have actually recieved the EAD card and also the Advance parole notice.. and. have received appt for Finger printing.

My clarification about EAD .. again.. sorry.. can i use my EAD now.. or am i still on H1 visa..if needed, can i use my H1 visa until the date of expiry and use EAD after the GC process has been completed.

My husband's case has been filed under EB1 category.. for which the Priority Date is CUrrent.

thanks,
uma

 

[ImmigAttyLana]

You can continue to use the H-1B if you are in that status, but you can also use the EAD for whatever additional employment you may want other than with the H-1B employer. Since you are the derivative beneficiary and not the principal applicant, your employment is of no relevance to the EB1 petition so you can also simply stop working for the H-1B employer and work for any other employer with the EAD.

As a word of caution, since the EB1 petition itself (the I-140) has not yet been approved, I would advise that both you and your husband retain your nonimmigrant status (H-1b for you and whatever your husband's current nonimmigrant status is) since if the I-140 is denied, so will the I-485 and the EAD and if you have no underlying nonimmigrant status to fall back on, it can be rather difficult to do anything since you will immediately fall out of status and start accruing unlawful presence in the US.