Does EAD approval depend on I-140

U

Unluckiest

Registered Users (C)
Hi,
I filed my I-485 on Dec 28'04 in CSC.My I-140 was filed on Jan 20'04.It's still pending approval.
Does the EAD approval depend on I-140.Can I or my wife use the EAD even if my I-140 is not approved.
Also website says 90 days.Any idea how much time it should take to get an EAD.
 
Unluckiest said:
Hi,
I filed my I-485 on Dec 28'04 in CSC.My I-140 was filed on Jan 20'04.It's still pending approval.
Does the EAD approval depend on I-140.Can I or my wife use the EAD even if my I-140 is not approved.
Also website says 90 days.Any idea how much time it should take to get an EAD.
Click to expand...

Luckiest,
EAD is Employment Authorization Document and depends on I-485 not on I-140. You can get EAD in 90 days after filing the I-485. If you dont receive it in 90 Days from USCIS. YOu go to the local office near your area and get an IEAD that is interim EAD till the actual EAD comes to you.
 
Unluckiest said:
Hi,
I filed my I-485 on Dec 28'04 in CSC.My I-140 was filed on Jan 20'04.It's still pending approval.
Does the EAD approval depend on I-140.Can I or my wife use the EAD even if my I-140 is not approved.
Also website says 90 days.Any idea how much time it should take to get an EAD.
Click to expand...
It does kind of depend on 140, only if there is an RFE on 140. In my case I had a RFE on 140 before EAD was approved. So my EAD and AP were on hold for 11 months, and was approved in 2 weeks after my 140 was approved.
 
Hat140delay,
This means that if I dont get an RFE on I-140 till March 28th i.e the day I'll complete 90 days of filing of I-485 then I should get my EAD.
 
Unluckiest said:
Hat140delay,
This means that if I dont get an RFE on I-140 till March 28th i.e the day I'll complete 90 days of filing of I-485 then I should get my EAD.
Click to expand...

Yes..thats correct. If you don't get a direct EAD approval within that timeframe and have no RFEs on your I-140, you could as well get a interim EAD from your local CIS office (after your EAD filing is over 90 days).

Good Luck.
 
unluckiest,
first of all, why there is a big difference on your I-140 and I-485 filing.

EAD Approval is not depend upon I-140 approval, once I-140 denied everything I-485, AP, EAD gets denied.


Thanks,
rb180
09/19/03 EB3 (Pending)
 
rb180,
My cheap employer was deliberately delaying my I-485 filing till the last minute because California was going fast and they dont want me get the GC very easily.
I hope I should get my EAD by March end and GC by September.
 
unluckiest-vul

but there is no difference betn con & non-conc filing in CA all depends upon luck also in CA service center only more scrutiny is going on, delaying all applicants and u r really unluckiest-vul due to delay in I-485 filing as well as yours is sub. EB3. but dont be frustated one day you will get justice be patient.

Thanks
rb180
(I am not lawyer, suggestion I gave based upon forum )
 
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