Expiring work visa while I-485 is pending

[Eugene Kuznetsov]

I have an employee who is in the country on an O-1 visa. He has been going through the green card process and his employment-based I-485 is currently pending. I've just learned that his O-1 visa is going to expire soon. His I-485 was filed in November and, going by priority dates, he is probably not going to get his green card earlier than Q3. There's some confusion whether an EAD application was filed for him (the lawyer says it was, but I never got the official notice from USCIS.)

This looks like a catch-22 situation. From what I read, his O-1 can't be renewed, now that he has demonstrated immigration intent (though the lawyer wants to file for it anyway, and wants $$$ for that), and he can't work without either O-1 or EAD, and if he stops working, that jeopardizes his I-485 (or does it?)

I'd like a second opinion as to what to do in this case. I can make sure an EAD has been filed and send him on unpaid leave while he is without work authorization, but is that going to be sufficient?

[azblk]

I have an employee who is in the country on an O-1 visa. He has been going through the green card process and his employment-based I-485 is currently pending. I've just learned that his O-1 visa is going to expire soon. His I-485 was filed in November and, going by priority dates, he is probably not going to get his green card earlier than Q3. There's some confusion whether an EAD application was filed for him (the lawyer says it was, but I never got the official notice from USCIS.)

This looks like a catch-22 situation. From what I read, his O-1 can't be renewed, now that he has demonstrated immigration intent (though the lawyer wants to file for it anyway, and wants $$$ for that), and he can't work without either O-1 or EAD, and if he stops working, that jeopardizes his I-485 (or does it?)

I'd like a second opinion as to what to do in this case. I can make sure an EAD has been filed and send him on unpaid leave while he is without work authorization, but is that going to be sufficient?

He can ask for his EAD to be expedited

[Eugene Kuznetsov]

He can ask for his EAD to be expedited

And if it's still not done by the time his O-1 expires, does that impact his chances with I-485?

[azblk]

And if it's still not done by the time his O-1 expires, does that impact his chances with I-485?

No it does not. pending i-485 gives him authorized stay but not the ability to work which is why he needs EAD. He filed his i-485 while still in status so that should not be a problem. You should try to expedite his EAD on grounds of severe financial loss and work interruption. Even if filing for EAD was missed or neglected, He can still apply for it now and ask for it to be expedited.