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Ead?
- Thread starter sittex
- Start date
> How long will it take to get EAD/Work Permit?
4 weeks to 104 days. If you didn't get your EAD after 90 days, you can go to the local USCIS office and get an interim EAD. Some offices require you to wait for 104 days to account for mailing delays.
> Can we get EAD while still waiting for I-140?
Only if you are eligible to file a I485 at the same time (concurrent filing). The EAD is tied to the I485, not the I140.
In self-petitioned cases, at times USCIS will put a 'hold' on the issuance of the EAD until the I140 is approved. In employer petitioned cases they don't seem to do that.
> When do we apply for EAD?
Either together with form I485 or after it.
You want to apply about 4 Months before you need it. That way, you have enough time to get an interim EAD if they fall asleep at work. And although the rules would allow USCIS to issue EADs with 3 year validity, they have chosen not to do that. So, the EAD is valid for a year only, if you apply to early for it, you will be stuck applying again after a short while.
4 weeks to 104 days. If you didn't get your EAD after 90 days, you can go to the local USCIS office and get an interim EAD. Some offices require you to wait for 104 days to account for mailing delays.
> Can we get EAD while still waiting for I-140?
Only if you are eligible to file a I485 at the same time (concurrent filing). The EAD is tied to the I485, not the I140.
In self-petitioned cases, at times USCIS will put a 'hold' on the issuance of the EAD until the I140 is approved. In employer petitioned cases they don't seem to do that.
> When do we apply for EAD?
Either together with form I485 or after it.
You want to apply about 4 Months before you need it. That way, you have enough time to get an interim EAD if they fall asleep at work. And although the rules would allow USCIS to issue EADs with 3 year validity, they have chosen not to do that. So, the EAD is valid for a year only, if you apply to early for it, you will be stuck applying again after a short while.
EAD? More questions
Thanks for the reply
So basically if you are eligible to practice PT then you need file for I-140 first then wait 3-6months for approval. Then file for I-485+EAD? Is this the right order.
Who is eligible for concurrent filing of I-485+EAD+I-140?
How can we apply I-140 without an endorsement from any employer? Don't we need a employment offer first?
Thanks
Thanks for the reply
So basically if you are eligible to practice PT then you need file for I-140 first then wait 3-6months for approval. Then file for I-485+EAD? Is this the right order.
Who is eligible for concurrent filing of I-485+EAD+I-140?
How can we apply I-140 without an endorsement from any employer? Don't we need a employment offer first?
Thanks
> So basically if you are eligible to practice PT then you need file for
> I-140 first then wait 3-6months for approval. Then file for
> I-485+EAD? Is this the right order.
I don't know how the PT cases are handled, but 3-6 months for an I140 seems a bit optimistic. Ideally, you would want to have your I140 approved before you become dependent on your pending I485. It is a good idea to maintain some sort of valid visa status until the I140 is approved.
> Who is eligible for concurrent filing of I-485+EAD+I-140?
You are eligible to file concurrently if a 'visa number is immediately available'. Essentially if you get your GC through marriage, or most of the employment categories. Right now, from what I know, only people from india, china and the philipines are not 'current' in the EB-3 category. Anybody else can file concurrently.
> How can we apply I-140 without an endorsement from any employer?
> Don't we need a employment offer first?
Self petitioning is only possible in the 'extraordinary ability' or 'national interest waiver' categories. These are typically for hard-core researchers.
Yes, you will need an employment offer and you actually need the employer to file the I140.
> I-140 first then wait 3-6months for approval. Then file for
> I-485+EAD? Is this the right order.
I don't know how the PT cases are handled, but 3-6 months for an I140 seems a bit optimistic. Ideally, you would want to have your I140 approved before you become dependent on your pending I485. It is a good idea to maintain some sort of valid visa status until the I140 is approved.
> Who is eligible for concurrent filing of I-485+EAD+I-140?
You are eligible to file concurrently if a 'visa number is immediately available'. Essentially if you get your GC through marriage, or most of the employment categories. Right now, from what I know, only people from india, china and the philipines are not 'current' in the EB-3 category. Anybody else can file concurrently.
> How can we apply I-140 without an endorsement from any employer?
> Don't we need a employment offer first?
Self petitioning is only possible in the 'extraordinary ability' or 'national interest waiver' categories. These are typically for hard-core researchers.
Yes, you will need an employment offer and you actually need the employer to file the I140.
hadron said:... Right now, from what I know, only people from india, china and the philipines are not 'current' in the EB-3 category. Anybody else can file concurrently.
You might have known this, starting this week there will be no backlog for people from India, China and the Phillipines any more, 'long as the job belongs to Schedule A, until the new 50,000 GC quota for these people is used up.