Between EB3 485 approval and stamping is it OK to work w/o EAD?

G

gbwis

Registered Users (C)
Between EB3 485 approval and stamping is it OK to work w/o EAD?
If for some reason beyond our control, couldn't get the EAD extended before the current EAD expires. Thanks.
 
working w/o EAD after 485 Approval

In theory you are NOT a GC holder yet until your passport is stamped.
As you've probably read some postings here : if your 485 is approved while you're out of the country you must reenter with AP as you're not a GC holder yet.

Thus, you must have a valid EAD for working between 485 approval and PP stamping. However, if you don't you probably can get away with it as they don't collect immigration docs at all during stamping (it's just my experience though).
 
sinting said:
In theory you are NOT a GC holder yet until your passport is stamped.
As you've probably read some postings here : if your 485 is approved while you're out of the country you must reenter with AP as you're not a GC holder yet.

Thus, you must have a valid EAD for working between 485 approval and PP stamping. However, if you don't you probably can get away with it as they don't collect immigration docs at all during stamping (it's just my experience though).
Click to expand...

WRONG! You are a permanent resident the day your I-485 is approved. You may work without EAD like any permanent resident. When you get your card, you will see that the "resident since" date is the day of your 485 approval.
 
Scottfla said:
WRONG! You are a permanent resident the day your I-485 is approved. You may work without EAD like any permanent resident. When you get your card, you will see that the "resident since" date is the day of your 485 approval.
Click to expand...

I agree with you as I can see from the note they wrote on my passport they used the date of approval to adjust the status....hope this will clarify if anyone has any concern.
 
If that's the case, say your 485 was approved while you're out of the country, why can't you reenter the country using 485 approval notice ?

Why do you still have to use AP to do that ?
Are AP and EAD validity 2 different scenarios ? :confused:
 
I believe the reason for it is that though the I-485 approval makes you a permanent resident right away, but the approval notice itself does not fulfill the visa requirement and hence one has to use a visa document like AP or other form of non-immigrant visa to enter the country.

Kashish

sinting said:
If that's the case, say your 485 was approved while you're out of the country, why can't you reenter the country using 485 approval notice ?

Why do you still have to use AP to do that ?
Are AP and EAD validity 2 different scenarios ? :confused:
Click to expand...
 
My EAD is expiring on 3rd Feb and still I've not received my approval notice.

My EAD is expiring on 3rd Feb and extension was denied.
As per Website my 485 was approved 26th Jan. I'm waiting for the notice.
Thanks.
 
sinting said:
If that's the case, say your 485 was approved while you're out of the country, why can't you reenter the country using 485 approval notice ?

Why do you still have to use AP to do that ?
Are AP and EAD validity 2 different scenarios ? :confused:
Click to expand...
Technically you can't use AP to re-enter if your 485 is approved. But they let you in anyways if you have an AP, and you can go for defered inspection. In fact all authorizations connnected with your 485 (AP, EAD) are void once your 485 is approved.
 
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