Dr. William:

I filed I-485 application two years ago and currently work with EAD. I filed by EAD renew application about 2 months ago, but I have not received the EAD renew approval yet. 

Can I continue to work for my current employer without receiving the EAD renew approval notice from USCIS? Is this the unauthorized employment? and will it affect my I-485 application?

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Answer:

During the EAD gap without receiving the EAD renew approval notice from USCIS,  the I-485 applicants should keep in mind that it is the unauthorized employment, if they continue to work for the current employer.

The 245(k) provision makes I-485 applicants still eligible for I-485 approval. Since last admission to the U.S. before filing of I-485 application, and alien applicants should have accumulated an aggregate of less than 180 days of unlawful stay and/or unauthorized employment, during the period either before or after filing of I-485 application.

In calculating 180 days, they should aggregate both the days of unlawful stays and the days of unauthorized employment. Consequently, even if the unauthorized employment has lasted less than 180 days, the alien can be ineligible for I-485 application approval if the total period of unlawful stay and unauthorized employment add up to 180 days or longer.