EAD question for an F1 student - advice/Help pls.

[vs28]

Hi.

My Question is - I will be completing my RN Nursing in US next year(F1 visa). my husband is a canadian citizen, when I apply for AOS next year Thru an employer will my husband also get the work permit(EAD), under family adjustment as I will include his name in the process. will he get the work permit the same time as me or will it be longer as he will be filed as that he is in canada since he is not on any dependant visa as he can't work on F2 being here.

thanks .

 

[sgsnathan]

You probably want him to be here in the US on some valid visa that would keep him in status until AOS is processed for both of you and EAD is issued for him to get an EAD too. You can't apply for an EAD for him while he is still in Canada. Now, if he is here on some other visa like an H1 work visa, you could apply for AOS based on your employment too. Are you going to apply for AOS while you are still on F1 OPT? If you are moving to a work visa before that, you could bring him in as a dependent on that too. Otherwise, you might have to wait for him to go through a consular processing and come over later and apply for AOS and get the EAD.

 

[vs28]

Ead

Thanks for the reply.
I will be applying for AOS when I am on OPT. As I understand we can file to gether (include his name) but if he is not here an any visa he can't apply for EAD . so he has to wait till the AOS is approved to come here and that might take a while right ?

thnx .