File EAD with pending I-130 Application??

[fornehal]

Hi,

I know that this is a stupid question, but it doesn't to hurt to be sure

I am on H1-B and My wife is a GC Holder. She has filed a I-130 application for me, 2 years back.

Is it possible for me to file a I-765 application(EAD application) while my I-130 application is still pending(i.e.not received approval yet.). So that I can easily change jobs without worrying about H1 transfer.

I guess the answer's no , but as I said before, better to be sure than not..


Thanks in advance for the replies.

[nkm-oct23]

Originally Posted by fornehal

Hi,

I know that this is a stupid question, but it doesn't to hurt to be sure

I am on H1-B and My wife is a GC Holder. She has filed a I-130 application for me, 2 years back.

Is it possible for me to file a I-765 application(EAD application) while my I-130 application is still pending(i.e.not received approval yet.). So that I can easily change jobs without worrying about H1 transfer.

I guess the answer's no , but as I said before, better to be sure than not..


Thanks in advance for the replies.

You cannot. EAD application can only be filed if you are also filing for Adjustment of status I-485. In your case you need approval of I-130 AND a current priority date in order to be eligible to file I-485 (and therefore EAD, etc.)