Should I file I-765 with I-485 as a current E2 visa holder

[Shumpei 2]

I'm finally putting together packaged for family based (spouse) adjustment of status as someone that's currently in the US under an E2 visa. I was wondering if anyone is aware that if I should or shouldn't file I-765 as I am authorized to work in the country as a E2 visa holder as long as I stay with the same company, or if I should just file for I-765 anyways.

[HRQX 4,145]

53 minutes ago, Shumpei said:

or if I should just file for I-765 anyways.

Filing the form doesn't affect your E-2 status. But actually using the C09 EAD or AOS-based Advance Parole would affect your E-2 status.

[Shumpei 2]

On 2/21/2021 at 9:34 PM, HRQX said:

Filing the form doesn't affect your E-2 status. But actually using the C09 EAD or AOS-based Advance Parole would affect your E-2 status.

Thank you, does it mean then if I leave the country, then come back, it wouldn't be under my current E-2 status and therefore will not be able to continue working?

[Claireh703 18]

My brother is doing this at the moment - he is apply for an EAD despite having the E2 because it might take a year or two for the green card to come through.  Having the EAD will mean he is not tied to that company in the mean time.