About EAD application via family based(my sister) GC

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Kenyu938

New Member
My EAD card based on my OPT will expire on 01/27/2005. I would have already landed a good offer if I am a green card holder.

My sister is US citizen. I'm wondering if I can apply for EAD while applying for family based green cards?

According to http://uscis.gov/graphics/howdoi/ead.htm
Who is Eligible--- it mentions ' applicants to adjust to permanent residence status';

But what's the precise definition of it?
In the application form I-765 for EAD, only the category of I-485 pending looks fits me, but I-485 requires of having got an immigration visa number --- it takes several years to get it,so impossible to me.

Anyway,just want to be clarified if any chance to work out?

Thanks a lot,
-Ken
 
Originally posted by Kenyu938
My EAD card based on my OPT will expire on 01/27/2005. I would have already landed a good offer if I am a green card holder.

My sister is US citizen. I'm wondering if I can apply for EAD while applying for family based green cards?

According to http://uscis.gov/graphics/howdoi/ead.htm
Who is Eligible--- it mentions ' applicants to adjust to permanent residence status';

But what's the precise definition of it?
In the application form I-765 for EAD, only the category of I-485 pending looks fits me, but I-485 requires of having got an immigration visa number --- it takes several years to get it,so impossible to me.

Anyway,just want to be clarified if any chance to work out?

Thanks a lot,
-Ken
Click to expand...

To be able to apply for EAD you should have an approved immigrant petition thru your sister and apply to adjust status by filing I-485. This may take several years for relatives of US citizens (exluding spouse, children and parents).
 
Thank you!

It's not that tricky to have my sister submit a petition for me and have it get approved. I don't care about the time to get I-485 approved.My concern is after my sister's petition for me get approved, I still can't file I-485 until I get a immigration visa number---- I can only apply for EAD while my application for I-485 is pending, but if I even can't file(not eligible) I-485, there's no way I can apply for EAD --- I just want an EAD card which can cushion the pressure of the effect of my OPT expiration on 01/27/2005; I don't care how soon I can get a green card.
 
Originally posted by Kenyu938
Thank you!

It's not that tricky to have my sister submit a petition for me and have it get approved. I don't care about the time to get I-485 approved.My concern is after my sister's petition for me get approved, I still can't file I-485 until I get a immigration visa number---- I can only apply for EAD while my application for I-485 is pending, but if I even can't file(not eligible) I-485, there's no way I can apply for EAD --- I just want an EAD card which can cushion the pressure of the effect of my OPT expiration on 01/27/2005; I don't care how soon I can get a green card.
Click to expand...

That is precisely my point, you will NOT get EAD based on that petition for several years, 6-10 in most cases.
 
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