S A
Jun 9, 2023
Religious worker - Using EAD while GC is pending
My R-1 visa is going to expire soon. I got my EAD last October but didn’t use it yet. Now that we’re in retrogression, my attorneys said I can use my EAD and don’t have to file any extension of visa. Anyone in the same boat? What’s everyone doing during this retrogression?
#greencard #eb4 #religiousworker
ADVERTISEMENT
N GJun 9, 2023
If money isn't an issue, most lawyers will tell you that maintaining an underlying petition is the better approach. Retrogression doesn't stop an application from getting denied. If that happens (which I doubt it would), you have played it safe by having an R1 to fall back on because your EAD would be revoked. If you want to save money, I could understand why not renewing your R1 is a viable option.
Please, understand that this is not legal advice, as I am not a Lawyer.
Selith HJun 10, 2023
Personally, I would do everything to keep my nonimmigrant status until I get the green card unless I have reached the maximum limit for that nonimmigrant status and can't extend it.
J AJun 11, 2023
There is really no need to renew the R1 as you are in the period of authorized stay however the catch is you cant go back to your non immigrant visa once you used your EAD. I used my EAD instead of waiting for my PD as it is costly on my part so it is really up to you. My attorney also said to use my EAD
S AJun 11, 2023
@N G @Selith H @J A Thank you for the response. I’m on my 4th year of R1 visa. So even if I extend the visa, I’ll get it for only 1 more year. With this retrogression, I’m not sure anymore if my date becomes current in 1year. Do you all think it’s worth it to go through the extension?
J AJun 11, 2023
If I were in your shoes the extension is only a waste of money with the retrogression because you cannot predict how fast the dates go. Now if you have a PD which is near the PD on the July bulletin then its fine to extend but if your PD is 2yrs backlog then there is no point on extending it
Hon HawJul 1, 2023
I assumed you already have submitted your I-485?
If yes, your attorney is absolutely right!
Since your I-485 already has been submitted, you are legally to stay in the U.S. until your priority date comes, and USCIS will work on your case.
You may consider renew your EAD 4 months before it expired date, but no visa extension is needed. (EAD can be renewed many times).
Hon HawJul 1, 2023
I know it is frustrated, but since you already have submitted your I-485, let consider that you are lucky:) Be patient, you will be fine:).
