Can I Just Use EAD to Work Continuously for the Current Employer?  


Dr. William:

I filed the I-140 / I-485 applications at the same time more than 180 days ago, and my EAD has been approved. Now, my I-140 / I-485 applications are still pending, but my H-1B is near the 6 year limit. Can I not renew my H-1B visa for the 7th year, and just use the EAD to work continuously for the current employer?  


Presently, unless your I-140 petition is first approved, you are unable to change employment even after 180 days of the I-485 filing. Working for the current employer with only the EAD, the possible denial of your I-140 petition can block out you filing the concurrent I-140/I-485 green card application for the second time, if your are not in a valid nonimmigrant status like H-1B.

Also, the benefit of keeping a valid nonimmigrant status includes filing the I-485 application again, if your I-140 petition is approved but your I-485 petition is rejected.





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