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  #1  
Old 25th February 2008, 08:05 PM
jvv jvv is offline
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complicated greencard situation..please help

Hello,

I am working currently on my OPT. My husband just received his EAD (greencard). He is among the August applicants.

My quesion is:

Can we apply for my EAD now although I am not dependent on his visa?

Your help is really appreciated
Thanks:
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  #2  
Old 25th February 2008, 10:57 PM
austriacus austriacus is offline
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What category did your husband appy in, is it one of the employment based (EB) categories?

I'm assuming your application will be a derivative application of his. Have you already filed for your AOS? If not, is your (his) priority date current so you can file? You already have an EAD ... your OPT. Are you concerned that it will expire?
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Austrian citizen

F-1 >> H-1B >> married my lovely US citizen wife in Dec 2006

DO: San Antonio, TX

05/14/07: I-130/I-485/I-765 filed (USPS)
09/26/07: ID: AOS approved!
10/09/07: Rcvd GC

09/04/09: I-751 filed (USPS)
09/09/09: VSC rcvd package
09/09/09: I-751 RD
09/11/09: Check posted
09/18/09: Rcvd I-751 NOA
10/20/09: Bio appointment
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  #3  
Old 26th February 2008, 12:19 PM
jvv jvv is offline
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hi,

My opt expires in September. although I am applying for an H1..i just wanted to know about the EAD....

My husband has applied in EB2. And his date is not current yet.

But once it is current and we apply for me greencard... will i get the EAD or directly the greencard?
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  #4  
Old 26th February 2008, 12:53 PM
TheRealCanadian TheRealCanadian is offline
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Quote:
Originally Posted by jvv View Post
But once it is current and we apply for me greencard... will i get the EAD or directly the greencard?
You'll only get the EAD if you apply for it, along with the I-485.
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IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

PD: 9/12/2000 (EB3/VA/RIR/Canada)
I-140 RD: 12/22/2000
I-140 AD: 7/16/2001
RD: 8/28/2001
ND: 10/26/2001
FP1: 1/31/2002
RFE: 8/2/2002
RFE RD: 8/28/2002
TD: 10/22/2002
FP2: 6/19/2004
ID: 07/15/2004
AD: 07/15/2004
CO: 08/18/2004
CR: 08/23/2004
N-400 RD: 05/21/2009
FP: 06/13/2009
CFR: 08/05/2009
IL: 08/21/09
ID: 10/7/09
USC: 10/8/09
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