Question details
My priority date is April'14 in EB2. My current employer filed an AOS (I-485, I-765 & I-131) using a prior employer I-140 petition. My EAD (I-765)/AP (I-131) was approved a few weeks ago. My current employer didn't submit I-485J while submitting I-485 application. My current employer PERM was submitted a few months ago.
Questions:
1) Is it safe to use the EAD/AP (or) would you recommend staying in H1B until I-485 is approved?
2) Will this filing be considered to be fraud/misrepresentation (or) Would you recommend withdrawing my I-485 application?
ANSWER
FAQ Transcript
- When that application itself is illegal or at least improper, I do not see how you can use any component of that with any degree of comfort.
- I would withdraw that I-485. I certainly think it is a bad idea. Even if it is approved, it has no value because it can be revoked at any point of time.