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485 issues in Texas Service Center  

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  #1  
Old 11th November 2008, 11:07 AM
ZOONI ZOONI is offline
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Renewal of ead for my wife

Hi All,

My wife is not working from 1 year so do I still need to renew her EAD for this year. Our 1-485 application is still pending.

Please advice ASAP.
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  #2  
Old 11th November 2008, 04:46 PM
darren102 darren102 is offline
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If she does not want to work then do not file the EAD extension. If you do that though she can't work unless you file for the EAD and receive it. Your choice
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  #3  
Old 11th November 2008, 07:35 PM
ZOONI ZOONI is offline
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She is not going to work for another year. If she does not apply for EAD renewal then does her status will become invalid.

I was told by someone that, to maintain adjustment of status the EAD needs to be renewed every year.

Please advice.
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  #4  
Old 11th November 2008, 07:58 PM
desi2007 desi2007 is offline
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your status is pending 485. ead is a bonus to work. so if she doesnt plan to work then dont waste the money for ead
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  #5  
Old 12th November 2008, 10:00 AM
vvvunlucky vvvunlucky is offline
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ZOONI is right as per my attorney also.

My attorney told to apply EAD and AP for my 12 year old son to maintain status even though we files I-485 in 2003 and I-140 was approved in 2003.

Currently I am still on H1-B and my son is on H4. But I asked about my son in case I shift to EAD. He said there is no status called adjustment of status.

I am still not able to digest this (EAD for a minor) but heard from few other people also.
__________________
PD: Dec 2001
I-140/485 RD/ND: July 2003
I-140 AD: Dec 2003
Self: FP1: July 2004,
FP2: March 2006,
FP3: July 3rd 2007
LUD: March 2006 (After FP2 No LUD after FP3)
Spouse: FP1: July 2004,
FP2: April 2006,
FP3: ??
LUD: April 2006 (After FP2)
Son: Biometrics Feb 2007
LUD: Feb 2007 (After Biometrics)

RFE (Employment): March 2005
Infopass (July 2007) /NSC IO: Name Check cleared

Currently Under Extended Review (Heard first time June last week from NSC IO)
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  #6  
Old 12th November 2008, 05:40 PM
ZOONI ZOONI is offline
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I received an email from attorney saying that there is no need to apply for EAD if my wife does not intend to work.

vvvunlucky: in your case since you are also on H1 and your son on H4, your attorney must have asked you to aply for EAD.
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  #7  
Old 12th November 2008, 11:28 PM
vvvunlucky vvvunlucky is offline
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No, I asked my attorney in case, I move to EAD status. He told my son needs to maintain EAD (to have his status) as long as I am on EAD. My company may not extend my H1 any more (already on H1-B for 8 years) so planning ahead to start using EAD. I was arguing with them through few emails, but were insisting to have EAD for my son to maintain his status when I move to EAD.
I thought they are telling just for money and EAD is to work only nad not necessary for my son at this age. But they were repeatedly telling it is to for status too. I came to know later few people I know already got EAD's for kids.

I am already having the EAD from the last 3 years even though not used till now.

I also know lot of friends with EAD and spouses not having an EAD and not working. As per my attorney they should have got EAD/AP to maintain status.

Not sure what is right in this case.
__________________
PD: Dec 2001
I-140/485 RD/ND: July 2003
I-140 AD: Dec 2003
Self: FP1: July 2004,
FP2: March 2006,
FP3: July 3rd 2007
LUD: March 2006 (After FP2 No LUD after FP3)
Spouse: FP1: July 2004,
FP2: April 2006,
FP3: ??
LUD: April 2006 (After FP2)
Son: Biometrics Feb 2007
LUD: Feb 2007 (After Biometrics)

RFE (Employment): March 2005
Infopass (July 2007) /NSC IO: Name Check cleared

Currently Under Extended Review (Heard first time June last week from NSC IO)
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  #8  
Old 14th November 2008, 12:07 PM
DSLstart DSLstart is offline
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Posts: 520
You might need to renew her EAD for keeping her driver's license alive. Most of the states would give DL only till the date EAD is valid.

Quote:
Originally Posted by ZOONI View Post
Hi All,

My wife is not working from 1 year so do I still need to renew her EAD for this year. Our 1-485 application is still pending.

Please advice ASAP.
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  #9  
Old 14th November 2008, 12:42 PM
ZOONI ZOONI is offline
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Posts: 97
She has advance parole visa till Jul 09. then we will renew the advance parole for the next year as she is planning to visit india in mid of next year so i think that will work.
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  #10  
Old 23rd January 2009, 01:48 AM
monarchy monarchy is offline
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Every One Should Apply for EAD

You should apply for your wife's EAD, its some times makes your green card process faster.
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  #11  
Old 26th January 2009, 11:03 AM
magic_mail magic_mail is offline
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Join Date: Feb 2005
Location: FL
Posts: 396
Guys,

Here is what i think about EAD.

for primary
1) if your I-485 is pending then your status is AOS(Adjustment of status) as long GC is not approved.
2) if keep your H1B alive you do not need EAD or AP .
3) if you do not have H1B alive you must apply for EAD which is like a work permit for people who is in AOS. You will need AP for coming back to USA if you plan to go out side this country.

for dependents(spouse, kids...)
1) If he/she wish to work you need EAD
2) if he/she need driver license you need EAD(most state require ead)
3) if none of the above you don't need EAD
4) if he/she does not have a valid h4 then you need AP to come back here in usa if you plan to go out side usa.

there is no link to GC approval process and ead renewal...

good luck....

Please guess how many EAD/AP I have renewed till now?
__________________
EB3 - INDIA, PD-10/2002
I-485 RD-12/2003, AD-??
2009(only USCIS bosses can tell..)!!
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