View Full Version : I-485 RFE, EAD Renewal GAP more than 180 days, need help

05-02-2014, 01:13 PM
EB3 , PD 28 OCT 2003, is about to become current got RFE on on my pending I-485 for Employment verification, copies of all EAD, new Medical Exam.

I have Gap is two EAD (2008 and 2011) renewal total exceeding 180 days(200+), I travel on APs multiple times till last year. Reentry on AP does not reset the clock for 245 benifit, so days will counts all days. I did not work during the expired EADs. I was only 160 days in US on expired EAD (waiting for renewal).
I do not have a valid H1.

I was not able to renew EADs on time because I was in India for extended period of time and renewed when I came back to us. I always kept the Valid APs.

I was reading through the forums that based on EAD gap I am out of status and no longer do AOS with I-485.

Based on my knowledge (by reading posts in last couple of days) that I have following options.

1. I submit all the required EVL and EADs etc and wait for decision.
2. Withdraw I-485, apply for new H1b next year, come back and re-file I-485
3. Withdraw I-485 and apply for CP

I am leaning towards #3, need help to understand if this is right.

1. Can I withdraw the i-485, after RFE and will have no problem with CP
2. My days become current anytime will USCIS wait for my response before denying 485.
3. If 485 denied can I still go for CP

I appreciate you for taking time to response.