F1 Student with PR Parents Seeking EAD

D

desiguyno1

Registered Users (C)
Hi, i asked a question in the F1 visa section, but i dint get any reply. I am hoping i would get a reply here.

Well, I came to the US on a student visa last spring and my parents came after that on an immigrant visa filed by my brother who is a citizen. my parents filed a i-130 for me after they got their green card.

A student who came on an F-1 visa this past fall had her mom (who is a permanent resident) file I-130 I-485 and the application for an EAD. The thing is that she got the EAD after 2 -4 months. and she is waiting for her green card which her lawyers says she will recieve it by 4-5 from here on.

I was wondering if i can apply for EAD in the same way. If so, are there any requirements. I would be really thankful if anyone would help me. Its really hard to get an oncampus job and i cant work offcampus. The EAD would be the solution to my prayers.

I am 20 years old now, i will be 21 next november. and the girl is below 21 years too.

Please Help. Thanks
 
desiguyno1 said:
my parents came after that on an immigrant visa filed by my brother who is a citizen. my parents filed a i-130 for me after they got their green card. I am 20 years old now, i will be 21 next november.
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Why didn't you get a GC as a derivative beneficiary of your uncle's petition?
 
well, it is my brother and when he filed for my parents, i think parents have first priority but brothers like me have second or third priority and these priority categories (2nd and 3rd) have huge backlogs, and may take upto like 13 years.

So we decided that my parents will file for me as i will be moved to first priority and when they become citizens, it will take lesser time for me to be an immigrant too. so i came on a student visa.

Does that clear your doubts ?
 
well, the thing is that this girl i told you about came on a student visa. Her mom is a Permanent resident, and the girl filed i 485 after coming here and another form and she has got the ead in about 4-5 months. dont you think i am in the same situation.

note: her mom was on an h1 visa before
 
desiguyno1 said:
well, the thing is that this girl i told you about came on a student visa. Her mom is a Permanent resident, and the girl filed i 485 after coming here and another form and she has got the ead in about 4-5 months. dont you think i am in the same situation.

note: her mom was on an h1 visa before
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You were already given the correct answer, which is that you can only file I-485 once your I-130 is approved and your priority date has become current. Once you file for AOS, you can also file for EAD, but not before.

If you were in an IR category, you could file for AOS immediately, but since you are not, there is going to be a lot of waiting required. The only alternative would be to try to secure an H1 visa through an employer, but these days there are far fewer available visas than there are applications sent for them.
 
if you dont mind answering, how did the other girl get the EAD so fast ? is she not in the same category as mine ? she filed for i-130 and i-485 and one more form all together after coming to the US which was 4-5 months before and she has got the EAD already

sorry for asking too many questions. its just that and ead will make my life way more easier
 
desiguyno1 said:
if you dont mind answering, how did the other girl get the EAD so fast ? is she not in the same category as mine ?
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Doubtful. Is her mother married to a US citizen, and is she under 18?

You can try and file the I-485 and I-765, and you'll get rejected because "no visa is available", after USCIS cashes your checks.
 
desiguyno1,

I answered some of your questions in the "ask your questions" thread. This fellow student's parents probably got their permanent residency through an employment based petition that confers derivative benefits to their daughter, which is not the case for the IR petition that your brother filed for your parents.

The issue I see in your case is that it will take about 5 years before you can apply, and I believe CSPA allows you to subtract the time the I-130 is pending from your age, but there's a good possibility you'll age out and fall into a category with even longer wait. You also have to consider that renewing an F-1 will be difficult if an I-130 petition has been filed for you. So I agree with boatbod that H-1B would be your best path to employment and quite possibly also your best path to maintaining a nonimmigrant status and maybe eventually an employment based petition. With an EB petition you wouldn't have to worry about silly things like not being able to get married for 5-10 years and (if your H-1B employer petitions for it) your H-1B status can be extended while your EB petition is pending. Of course, EB requires you and the employer to maintain a job relationship which may also have more risks than your family relationship, but the FB and EB petition can be maintained at the same time. You should think about all those things before moving forward with your plan. Good luck!
 
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well her mother was on H1 visa, she became permanent resident like 2 years before. her daughter came last fall (3-4 months back) and she filed for Ead and got it. As u say that the H1 case might be true

And thanks for the reply, another thing i heard is that if you are under 21 when you apply, thats the age that they consider and it doesnt matter if you go over 21 after you apply, i wish to know if there is any truth in that. Do you think if that rule doesnt exist, it will take a really long time ??. if so, i guess i would have been better off if my brother had filed for me. what do u guys think

Thanks
 
desiguyno1 said:
And thanks for the reply, another thing i heard is that if you are under 21 when you apply, thats the age that they consider and it doesnt matter if you go over 21 after you apply, i wish to know if there is any truth in that. Do you think if that rule doesnt exist, it will take a really long time ??. if so, i guess i would have been better off if my brother had filed for me. what do u guys think
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Have you read the State Dept's monthly visa bulletin? That explains the current priority dates, and which category an applicant will come under, based on their sponsorship.

The rules for "child status protection act" (CSPA) which governs how & when people age out are somewhat complex and depend on who your sponsor is (USC/LPR), as to how much protection you can benefit from.
http://www.uscis.gov/files/pressrelease/CSPA2_pub.pdf
http://www.americanlaw.com/cspa.html
 
desiguyno1 said:
well her mother was on H1 visa, she became permanent resident like 2 years before. her daughter came last fall (3-4 months back) and she filed for Ead and got it. As u say that the H1 case might be true
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she could have done following-to-join if she is under 21.
 
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