You are here:

Immigration Issues/I-485 pending and F1/EAD

Advertisement


Question
I had applied for a green card (EB3 category) in 2007 and received an EAD, AP and approved I-140 but since the priority date was not current I did not receive a green card and the status has been - I-485 pending. I left the US in 2008 and thought my green card process was abandoned. I applied and got into grad school in the US in 2010 and came back on F1 visa.

Now, since H1 B's are hard to come by, I checked with my previous company and the lawyer told me that my I-485 application is still active at USCIS (I don't know how he checked it). Now, I was wondering if we could apply for a reissue of an EAD since my green card process has not been cancelled for some reason?

My questions are:
1. Can I work for any company if I get an EAD for two years validity? This is very important because most companies don't want to do H1B's anymore. I will now apply for business/management jobs whereas my original I-140 was for an engineering position. As long as I don't apply for a green card, do my new employers need to do anything?
2. If I want the green card then the company will need to file I-485 again, can I use the same priority date of 2007?

Answer
Hi,

You have abandoned your I-485 application since you either departed the U.S. without advance parole document, or else did not enter the U.S. again (either in H1B status or on advance parole) within the expiration date of advance parole document. Thus, you will not be eligible for EAD again based on pending I-485.

However, if your employer is still offering you permanent, full-time employment, you can either eventually file another adjustment of status application if you are in the U.S. legally when your priority date is again current or, alternatively, you can apply for an immigrant visa at a U.S. Consulate in your home country when your priority date is again current. You will use the same priority date of 2007.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.