Can I expect I-485 EAD and AP to approve and arrive before I-140 approval ?

7 views 3 answers
I have filed I-140 (EB1A) and on its pending status, I-485. Does USCIS process I-485 independent of I-140 ? or they just perform the background check and other formalities BUT wait for my I-140 to get approved before sending my EADs and AP etc ? PS: I understand that I must not use my EAD/AP before my I-140 is approved.

Attorney Answers

3
Cynthia Beth RosenbergImmigration AttorneyBaltimore, MD ·
I have seen multiple situations where the I-140 took longer than the time needed to get the EAD and AP. You are correct to not use the EAD until the I-140 is approved. If you really feel the need, you can always change the I-140 to premium processing.
0 upvotes
Berdymurat Berdyev ·
You may receive an approval for your EAD and AP prior to the approval of the I-140. It takes on average 90 days from the date of filing. If you do not receive your EAD within 90 days, you may contact the USCIS and request the USCIS to expedite the processing of your EAD and AP. You may also consult an immigration attorney to assist you in this process.
0 upvotes
Tripti Sharma ·
I am curious who advised you not to use approved EAD/ AP if I-140 is not approved?
0 upvotes