CP vs EAD

[dallas2002]

Hi:
It is possible to apply for EAD while CP is in progress?
Is there any way around for this without jeopadizing CP process in progress?

Thnaks
dallas2002

[JoeF]

No. An EAD requires that an I-485 is filed. If a person has opted for CP, and then files an I-485, the CP procedure is terminated and the person's file is transferred back to USCIS.

[dallas2002]

CP vs EAD

What if someone applies for I-485 (assuming to obtain EAD), get the EAD and then switch to CP. Under this circumstance, does the EAD holds good although I-485 procedure is terminated?

[lajose]

I-485 and CP--two cases

Hi,
I have a family based I=-485 with petition approved and priority date current, I just submitted the I=485 and all the supporting documentation to the local office of BCIS.
Simultaneously, my job has sent a I-140 petition that will resolve--in case that is approved-- in a Consular processing.
I want to withdraw my case thourhg employment, as it is safer to continue with my family based visa because it gives me an EOD and I do not need to leave the country.
Also, I wanted to avoid further fees from the company's attorney, as I have to pay those. He wants now to charge me for the entire process, even if I withdraw at this point.
What should I do? Should I continue with my family based green card application?? Can the company still want to pursue the green card through employment? How filing both cases simoulateously in CP and AOS, although two different cases, can affect my family based visa processing, and also the EOD I have applied for at the time of submitting my application?
This application has not yet been received by BCIS as I just mailed it last Saturday.
Thyanks for any comments or suggestions, as I am totally lost, and the company's attorney also wants all the fees!

[JoeF]

Re: I-485 and CP--two cases

I assume you signed a retainer agreement with the lawyer. That is what governs what you have to pay. It is a contract, just like any other contract.
As for what you should do, that's up to you.
Since these are two completely separate applications, there is no harm in pursuing both (it just is more workload for USCIS.) Just be sure to cancel the second application once one has gone through.