confused regarding EAD!

R

rama_1

Member
Now, after reading all the posts about EAD and renewal,
I am totally confused what I should do!

Here is my case. My H1 expires 02 Jan 2003. I did not get EAD since I thought I don't need one. My Rd for I485 is 09/17/2001. I am thinking I would get GC approval before my H1 expires and hence don't need EAD.

I was also under the impression that I need to just take my I485 receipt to the local INS and get the EAD card on the same day if my GC not approved before Jan 2003.Am I wrong? How long does it take for INS to give me EAD. When is the appropriate time to apply for EAD im my case.

Any input appreciated...
 
gcwait...,

Mine was quite similar to yours. I filed my 485 in Aug. '01 and my H-1B was expiring by Dec. '01 (gave myself only 3 months, being over ambitious and over optimistic)!!!

Then, soon after, I realised my mistake and tried to amend the situation by trying to file for an EAD but was told by my lawyer that I'll have to wait until the 485 receipt gets generated.

So, I decided to file for an H-1B extension (past the 6th year) and fortunately my company was willing to shell out the money for it. This extension filing allowed me to continue working while giving me time to receive the 485 receipt, file for an EAD, sometime in the middle of Nov. '01. I received my EAD on Jan. 4, 2002.

The moral of the looong story is, give yourself at least TWO whole months (in the hands of INS) while applying for your EAD. The same day approval is for AP and not EAD (to the best of my knowledge).

But, in all probability you might receive your 485 approval in the next couple of months. Good luck.

-Raj
 
Thanks for the reply

Raj, Thanks for the response.
In my case It has been 1 year since I filed for my I485.

I received my I485 receipt and my spouse already has an EAD. INS gave him the EAD on the same day showing the I485 receipt.

How is it different from how he received his EAD from mine?
Mm.....What am I missing?
 
Here is my case...

I recently got my extended EAD 11/27/02 to 11/26/03.
As you can my EAD was expiring in the last week of November. My Company HR and lawyer applied for EAD 4 months in advance.

It was applied around July last week/August 1st week. AP and EAD were applied around the same time.

Got AP within 2 weeks. Received EAD last week.

I also had a extended H1 which expired in August this year.

Now...

Even you have a valid H1 till Jan 2003. It is better to Apply for EAD by This month. Pls don't wait for the 2 months buffere time etc.

Good Luck!

Luv
-Roma
 
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