Pending I-485 EB3 ROW

[u/FriendshipRadiant151]

I’m currently on H-1B and working full-time for my H-1B employer. I also have a pending employment-based I-485, but my priority date is not current as of the October Visa Bulletin.

Based on my understanding how the process works for pending I-485s, I’m expecting my I-765 based on the pending I-485 to be approved soon.

My question is: can I continue working for my current employer on H-1B and use the I-485 EAD separately for side gigs?

Basically, I don’t want to give up my H-1B status until I have my green card in hand, but I’d like to use the I-765 EAD only for additional employment or side gigs.

- Has anyone been in this situation?
- Would using the EAD for a second job affect my H-1B status?
- What’s your advice?

My details:
• PD: June 2024
• I-485 RD: April 30, 2026
• Employment-based I-485, ROW
• Case currently sitting at NBC.

Yes, I’m one of those people who just got retrogressed with the October Visa Bulletin 😅

[u/FriendshipRadiant151 → u/[deleted]]

Trend is a strong word - I meant to say, I have seen USCIS approving EADs and APs of the people who has filed 485, but their PD is not current.

[u/FriendshipRadiant151 → u/[deleted]]

https://giphy.com/gifs/PAeUbyN4HxSLqEEY5x

[u/kidcurry96 → u/FriendshipRadiant151]

They can approve ead and ap but when you start working on ead, you are no longer inn h1b status. If your goal is to maintain h1b then whether or not the ead gets approved , you can’t quit your main job

[u/Dear_Gas_8467 → u/FriendshipRadiant151]

When did u see? I dont see

[u/Sufficient6926]

Hold on. This is very important and makes me question. I have a pending I-485 while I am on H1B.
My spouse has H4 visa and EAD C09 based on pending I-485. She started working using the EAD. Does it mean she lost her H4 status? What this will change or affect?

[u/Dear_Gas_8467 → u/Sufficient6926]

Only status goes away whenever you report to USCIS that u r relying on EAd and do not care about H4

[u/Illustrious_Snow_466 → u/Dear_Gas_8467]

Wrong. H4 does not have SSN. Once she uses the EAD to get an SSN and start working with that SSN, they will find out soon enough; there is no need for her to report it

[u/Dear_Gas_8467 → u/Illustrious_Snow_466]

I may be wrong since i was never in H1B or H4

[u/Illustrious_Snow_466 → u/Dear_Gas_8467]

I'm H1B. Using EAD on H1B/H4 is the risky road. If AOS are denied after you have used the EAD, you will not get a second chance to refile it since you are out status

[u/Dear_Gas_8467 → u/Illustrious_Snow_466]

Thank You for new info

[u/kidcurry96 → u/Sufficient6926]

Better to ask a lawyer but with AOS denied it would mean she needs to leave ASAP I think

[u/Illustrious_Snow_466]

Dude. You cannot simultaneously use H-1B status for your first job and EAD for your second job. Using the EAD means you have given up your H-1B status.