L-1B with approved I-140, PD not current and running out of status

[jrbd]

I’m on L-1B and going to submit I-140 In a week. My L-1B status will expire on December 2020. PD of my country is 1/1/2017 and I won’t be able to file I-485, and I’m not sure if this is going to be current in October 1.

Questions:

1. If my PD doesn’t become current, after getting I-140 approved, will I be able to apply for temporary EAD before filing I-485 to maintain my status?
2. If PD becomes current on October 1 and I file I-485 right after that, will I have to wait for 180 days (assuming it will take longer to approve) to apply for EAD?

This is very important for me. Thanks in advance for for your response.

[Libra_14]

1. If my PD doesn’t become current, after getting I-140 approved, will I be able to apply for temporary EAD before filing I-485 to maintain my status?

No, I140 doesn't give you any status, hence you cannot file EAD based on your approved I140. While pending I485 gives you a status & hence you can apply EAD along with filing I485.

2. If PD becomes current on October 1 and I file I-485 right after that, will I have to wait for 180 days (assuming it will take longer to approve) to apply for EAD?

You can apply for I485 & EAD & AP all together.

[jrbd]

Thanks a lot!