SK N
Oct 25, 2021
Can I work on EAD even if the I-140 is pending
Concurrently filed my i-140/i-485/i-765/i-131 in July 2021. (EB1C)
My L1A visa going get maxed out by March 2022.
I-140 processing times are more than a year.
If I get my EAD before March 2022 - can I stay back and work or I have to leave the country? (assuming i-140 will be in processing by March 2022)
EB1-3
Multinational executive or manager
Total Days: 1374 days
Case
2021-07-20
Today
I-140
342 Days
I-485
470 Days
I-765
1374 Days
Texas Service Center: I-140, I-485, I-765
Timeline Map
2021-07-20
I-140
I-485
Priority Date
2021-07-20
I-765
I-140
Submission to USCIS
2021-07-22
I-485
D+2
Submission to USCIS
2021-08-26
I-765
D+37
Biometrics, i.e. fingerprint and photo
2022-06-27
I-140
D+342
Decision (Approval or Denial)
2022-08-16
I-485
D+392
Request for Evidence(RFE) from USCIS
2022-10-16
I-485
D+453
Biometrics, i.e. fingerprint and photo
2022-11-04
I-485
D+472
Decision (Approval or Denial)
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Rahul JoshiOct 25, 2021
Id you get EAD you can work on EAD . The only issue is if i140 is denied your stay might be not legal. This you can confirm with your attorney
Shashi SangarOct 25, 2021
why don't you go for Premium Processing for I-140?
EB3 India-Mar 2011 PD got GC in Sep21Oct 25, 2021
wait for your I-140 approval. You need your company that has sponsored your I-140 more than ever now.
Rahul JoshiOct 25, 2021
There is no premium processing for eb1c
S BOct 25, 2021
Yes you can work on the EAD once it gets approved,, but advisable to work for the same company whilst waiting for the i140 to be approved.
Em H.Oct 25, 2021
you and I are in similar situations. If you don’t have your EAD before March and your L1 maxes out, you can always recapture any time you spent outside of the US to extend your L1. Your extension doesn’t have to be approved, just filed for you to continue working with your company until the extension date. If you hit the maximum on your L1 before you get your EAD, you don’t have to leave the US but you can no longer be on your company’s payroll.
SK NOct 25, 2021
i have another 6 months (time spent outside of USA) of recapture that’s available - when do you suggest to apply for this recapture.
Also thinking of expiditing EAD in December.
Nabirosca RosadaOct 25, 2021
I second every single word @Em H. said. same boat here. Dec 2nd is my last, last, last day working with a H1B. I’m already over 355 days waiting. Not even biometrics yet. So Frustrating! You have no idea how luck you are your process is moving so fast. Dec 3rd I will become another unemployed if I don’t get my I-765 approved till than. Cliché but so true… I’m hoping for the best but preparing for the worst.
Em H.Oct 25, 2021
I’m so sorry @Nabirosca Rosada… Hoping for good news for you!!! (I’m already preparing to go back to my country cause I don’t think I’ll get my EAD in time but, aware of the luxury of being able to do so 😕).
@SK N, look at the I129 processing times and see if you would be able to get your extension approved. If not, then it doesn’t matter, I would file 6-8 weeks prior to the expiry. (I’m gonna file 2 weeks prior to expiry to maximize days outside of the US to get the longuest extension possible)
Rahul JoshiOct 25, 2021
But why so late to apply for i140
Rahul JoshiOct 25, 2021
By now your i140 would be approved
Rahul JoshiOct 25, 2021
You could have expedite EAD
Nabirosca RosadaOct 25, 2021
In my case there is no expedite (EB2-NIW). I’ll pay the expedite fee in a heartbeat if/when available.
madhu sudanOct 27, 2021
same as my case. Maxing out L1A in March 2022. concurrently filed 765, 131, 140 and 485
PD 14 APRIL
RD 3 MAY
BIOMETRIC 10 AUG
STILL WAITING FOR EAD
Rahul JoshiOct 27, 2021
I don’t understand why one has to wait till L1A max out
Rahul JoshiOct 27, 2021
why can’t i140 be approved earlier
Em H.Oct 27, 2021
@Rahul Joshi because employers have no interest giving you a green card when you are not near the end of your visa. it would mean you are free to work for someone else. They are smarter than that. They waited for mine to max out too.
Rahul JoshiOct 27, 2021
what is your service center is it LIN or SRC
Rahul JoshiOct 27, 2021
LIN might give EAD and approve i140 by that time
Rahul JoshiOct 27, 2021
Hopefully
madhu sudanOct 27, 2021
SRC
Rahul JoshiOct 27, 2021
I would say since you are inL1A and you have worked at non us location the chance of denial is very minimal if any. So you can work on EAD and allow L1A to expire
Rahul JoshiOct 27, 2021
Hopefully you get EAD by March
Rahul JoshiOct 29, 2021
@em h That’s sad . It’s like modern day slavery. USA immigration system should be revamped
Go GreenFeb 17, 2022
how much time LIN may take for EAD/AP. I filed concurrent in aug 21 in eb1-c and waiting.
Em H.Feb 17, 2022
@Go green, June 21 and waiting. seems like Late 2020/early 2021 is going through right now. looking like a year or more of wait.
Go GreenFeb 21, 2022
Thanks for sharing. will not stress myself out but it’s quite slow.
Go GreenMar 16, 2022
@Rahul Joshi curious if you see any movement on the EAD processing. clearly USCIS is now pushing for EAD and postponing the Advanced Parole AP card out.
SK NMar 16, 2022
@Go Green USCIS moved the processing times for EAD backwards. They were processing Jan 28th 2021 now they are processing Ausgust 2020 !! Clearly USCIS is not helping EB category
https://www.reddit.com/r/USCIS/comments/te22iz/texas_ead_processing_times_went_backwards_eb/?utm_source=share&utm_medium=ios_app&utm_name=iossmf
Go GreenMar 25, 2022
@SK N ..worrisome. was reading some posts on the link. well we may have to sit tight and hope things in reality get faster. the temporary cards itself are needing as much time as a GC. Neverthless thanks for sharing SK N .
madhu sudanMar 27, 2022
hi, I expedited my EAD last week as I am maxing out my L1a today. the request was approved and I received the combo card yesterday. this is the third time I expedited and it got approved
SK NMar 27, 2022
@madhu sudan congratulations on your EAD. I tried in Jan and it got denied. Any documentation / email you provided that helped in this expedite request? I am in recapture days and going to max out in 4 months.
madhu sudanMar 27, 2022
text me in what's app. il send the list
9202163921
SK NMay 12, 2022
update: got my EAD & AP through expedited request. I-140 is still pending
madhu sudanMay 12, 2022
hi, 140 got approved last week
madhu sudanMay 12, 2022
@SK N 👌👌👌👍
Arpit PaulJul 25, 2022
can anyone help with the expedite requests. I applied for advance parole and they denied. Then spoke to a representative who said if the request has been denied, they will not approve. All they can do is issue an urgent travel valid for 30 days
