Can i stay in with GC EAD.

[sps_12345]

Hi,

I came to US on a dependent visa i.e. J2. We applied for GC and received GC EAD in 2016. i485 is still pending in EB2 category.

There are some hardships in our marriage and my husband is planning to go back to India for good.

Since i already have GC EAD, can i stay back in states and work without him in US.? Also, i have a child who is US citizen who will be staying with me.

[newacct]

Having an EAD doesn't allow you to stay in the US, but having a pending I-485 does allow you to stay in the US. However, if he is on J1, and he leaves the US while I-485 is pending without Advance Parole, his I-485 will be abandoned. Or, if he leaves the US with Advance Parole but does not come back before the Advance Parole expires, his I-485 will also be abandoned. If his I-485 is abandoned, yours will be too, and then you won't be able to stay in the US anymore.

[Lucky_]

Hi,

I came to US on a dependent visa i.e. J2. We applied for GC and received GC EAD in 2016. i485 is still pending in EB2 category.

There are some hardships in our marriage and my husband is planning to go back to India for good.

Since i already have GC EAD, can i stay back in states and work without him in US.? Also, i have a child who is US citizen who will be staying with me.

As NEWACCT exlained all in detail I just want to add some info regarding you US born child. Being parent of a minor US citizen does not give you any immigration benefits before he or she reaches the mature age and apply for you to get GC.

[sps_12345]

Thank you very much for the response