急问：怎么证明concurrent filing 时可以在I-140批准前拿到EAD？

[alwayswithme]

我正准备提交NIW的I-140/485 concurrent fileing，同时也提交我和我太太的EAD卡申请。现在我太太马上就要拿到一个OFFER，但公司在最后一刻要求她证明她能在I-140批准前短期内就能拿到EAD卡。从以前的贴子来看，现在这是完全可能的，但是在哪里可以找到有关这一点的官方条款呢？我在uscis上只找到一个2002 年的intern rule，说是I-485 can be concurrently filed with I-140 if a visa is immediately available，而EAD是随I-485而申请的，是否可以说只要FILE了I-485，不论是否I-140批准，EAD就可能获批。但如何证明“a visa is immediately available”呢？请朋友们赐教了，我们明天就要给答复，急啊。

 

[vv2004]

Can't read chinese but need suggestion( Consular Vs AOS after concurrent processing)

I need advise on the following:CP or AOS after the April'30th change

My LC was cleared after 2.5 years in April'04. Effective April'30th, BCIS introduced a new policy where the I140 and I485 cannot only be filed concurrently but will also be adjudicate concurrently. As such I applied for my I140 (EB3) in Texas as consular processing for New Delhi Consulate on May'13th.

Considering there was no information on the new policy in April/May, and the present published processing time of over a year in the Texas center for I140 (EB3), I thought to go for consular processing initially and later change over to AOS within 6-8 weeks if there was information that the new policy would be shorter then consular processing. As such I have to make a decision in the next few weeks.

Please advise if I should continue with CP or change to AOS.
Thanks in advance
vv



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[Forever612]

If your wife have to use EAD card to work, then it will take 1-2 month, this is not guarantee, the worst case, you can wait for 90 days and get interim EAD by walking to the local office. Talking about the written rule, I believe I saw this (90 days) on the form of I765, check it out including the instruction paper. But if your I140 get rejected, then EAD become void. Hope this helps & good luck!