If we are in the U.S. with a valid non-immigrant status, we can file for EAD concurrently as long as a visa is available. But what happens if the visa is not available by the time USCIS adjudicates the EAD application and the category has been retrogressed? Can we still get the EAD? Assuming this EAD expires, is it eligible for renewal later, even if the category has retrogressed at renewal?
Answers
Bernard P Wolfsdorf
Immigration Attorneys DirectoryIf a visa is not available under chart A or chart B (visa bulletin), and unless chart B is open for adjustment filing, you cannot get an EAD, but if you filed when it was open you can also renew it, if needed. Indian and Chinese should not wait.
Lynne Feldman
Immigration Attorneys DirectoryIf the Priority Date was current at the time you filed the I-485, that will remain pending and allow unlimited EAD and AP until the green card is approved or denied even if the Priority Date retrogresses. If the I-485 is not filed, then no EAD option in the EB-5 category.
Belma Demirovic Chinchoy
Immigration Attorneys DirectoryThe EAD will be adjudicated regardless of visa availability (as long as you field the EAD application based on a properly filed I-485).
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