Question about a potential issue with I-485 and using an EAD card
I’m the spouse of an E-2 applicant and have received an EAD card and am working. At the same time, I’m going through an employment-based green card process — I’ve completed I-140, and I expect it will be difficult to maintain E-2 status by the time I reach the I-485 stage. If I work using the EAD I received through my I-485 filing, and my I-485 is ultimately denied, would I fall out of status? Or would I still be able to maintain status by renewing my still-valid E-2?
Using the EAD card may not seem like an immediate problem, but it’s possible that USCIS could take longer reviewing your case because of it. However, even if I-485 is denied, your E-2 status would still remain valid and can be maintained.