Applying for spouse based green card - have questions on the need for AP and EAD

[NYC2India]

I am currently in the U.S. on an H1B visa that I past the 6 year period and I have a pending employment based green card application with a priority date of June 2018. I applied for an extension of my H1B visa late last year and I am in the process of gearing up to have it premium processed once it resumes in the next week. All of this is being handled by my employer. I expect to receive the approved petition next month and will travel outside the US to get the H1B stamp.

I am also working on a family based green card application based on my marriage to a US citizen. I'm still reading up on the whole process and was confused about AP and EAD and I was wondering if someone could clarify.

- Based on what I've been reading, if I have a valid H1B stamp on my passport (which I will after I go for stamping), it is better to enter the US using the H1B. Is that correct?
- Do I even need to apply for AP? Should I just go ahead and apply for it when I apply for my GC?
- What about the EAD? Do I need to apply for one if I have my H1B visa? SHould I just go ahead and apply for it when I file the other forms?
- Will there be any issues because I have an employment based green card application pending? Is there anything I need to do in relation to that? Will getting the EAD void my H1B visa?
- I have a past overstay - I stayed in the U.S 2 months past the expiration of my I94 because I didn't notice it expired early - as soon as it was identified, I left the U.S. immediately and got a new visa stamp without any issues - is that something I should be concerned about now? I was planning on doing the green card application myself but does anyone thing I need a lawyer because of this?
- We've been married a little under 2 years but have only been living together for 9 months or so - and we didn't really have a ceremony - we did went to the courthouse and got married. Is that an issue? We have joint back accounts, joint tax returns, a joint lease on our apartment, etc.

[newacct]

I am currently in the U.S. on an H1B visa that I past the 6 year period and I have a pending employment based green card application with a priority date of June 2018. I applied for an extension of my H1B visa late last year and I am in the process of gearing up to have it premium processed once it resumes in the next week. All of this is being handled by my employer. I expect to receive the approved petition next month and will travel outside the US to get the H1B stamp.

I am also working on a family based green card application based on my marriage to a US citizen. I'm still reading up on the whole process and was confused about AP and EAD and I was wondering if someone could clarify.

- Based on what I've been reading, if I have a valid H1B stamp on my passport (which I will after I go for stamping), it is better to enter the US using the H1B. Is that correct?

Probably

- Do I even need to apply for AP? Should I just go ahead and apply for it when I apply for my GC?
- What about the EAD? Do I need to apply for one if I have my H1B visa? SHould I just go ahead and apply for it when I file the other forms?

Both I-765 for EAD and I-131 for Advance Parole are free for I-485 applicants. So there is no downside to applying for them even if you don't plan to use them. You will have the option just in case.

- Will there be any issues because I have an employment based green card application pending? Is there anything I need to do in relation to that?

I don't think there will be any issues.

Will getting the EAD void my H1B visa?

No. Only if you actually work outside of H1b would you lose H1b status.

- I have a past overstay - I stayed in the U.S 2 months past the expiration of my I94 because I didn't notice it expired early - as soon as it was identified, I left the U.S. immediately and got a new visa stamp without any issues - is that something I should be concerned about now?

No. Having been out of status does not affect AOS in your category.

I was planning on doing the green card application myself but does anyone thing I need a lawyer because of this?

no

- We've been married a little under 2 years but have only been living together for 9 months or so - and we didn't really have a ceremony - we did went to the courthouse and got married. Is that an issue? We have joint back accounts, joint tax returns, a joint lease on our apartment, etc.

shouldn't be an issue

[NYC2India]

How to be eligible for a green card? I have a friend live in Miami, Florida, USA. Have been working over 6 years. But still doesn't get a green card.

I don't think his time in the U.S. has anything to do with it - he needs to find someone to sponsor his green card - either an employer or a USC or GCH spouse.