I got laid off, and the visa deadline is January 31st, 2025. My I-526 got approved in April, and I had just filed my I-485 along with I-131 and I-765 for AP/EAD. I am hoping I will receive EAD by January. What if I receive the EAD before my last day of employment? Will I accrue unlawful presence in the U.S. after my 60-day grace period? Is there a way to guarantee that I get AP/EAD before January 31st?
Answers
Bernard P Wolfsdorf
EB-5 Immigration attorneysAs soon as your I-485 is accepted, you do not need to worry about maintaining status, although avoid unauthorized employment until you get your EAD, and do not travel without valid AP.
Lynne Feldman
EB-5 Immigration attorneysWith your I-485 pending, you are not accruing unlawful presence. You can’t work until the work card comes through.
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysAs long as you have a pending I-485, you can remain in the U.S. even after termination from your H-1B employer. However, you are not allowed to work and travel until you receive your EAD card and travel document.
Dennis Tristani
EB-5 Immigration attorneysOnce your I-485 is pending you can remain in the U.S. lawfully pursuant to a period of authorized stay based on your pending I-485. You cannot work until the EAD arrives.
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