advice needed regarding entering U.S on ead

[cali_gc_]

EAD and entering the US

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Hi,
The following is my friends situation.Please advice.

He is currently working in Saudi. His wife is a Canadian PR. She is a physiotherapist and she just got her licence to practise in the U.S. She got a job and the company says she can come to the U.S on a visiting visa and they will apply for her 485( I believe physiotherapists do not need labor or 140) and she can get her EAD in 3months.They will also apply for my friends 485.
If she were to take this route, how can my friend come into the U.S?
Can he come into the country using this EAD and pending 485 application or will he have to wait till the G.C is approved ?
He does not want to try for the visiting visa as it might get rejected. ( he is an indian citizen, not yet canadian PR, and his F1 was rejected a few yrs ago).

Any advice would be greatly appreciated.

Thanks

 

[wik]

...the company says she can come to the U.S on a visiting visa and they will apply for her 485...

You friend's wife cannot enter the USA as a visitor if her intent is to apply for permanent residency (which is what is being suggested in your post). She would need a proper visa that can have residency intent (like an H1) BEFORE entering the USA under the appropriate non-immigrant visa category. Then she could apply for her 140/485.

Assuming your friend does not have a job offer that would result in obtaining a work visa, he would obtain a spouse visa in the category of the primary applicant (his wife).

In any event, an EAD is NOT a travel document. If your friend's wife and he succeed in filing for adjustment of status once entering the USA, then travel can be undertaken using the current valid visa, or an advance parole document.