Eligibility criteria to file EAD & AP for dependent beginning January 2005

[webjockey]

Hi,

Does anyone know the eligbility criteria to file EAD & AP for dependent?

Here is my situation

Just recently filed I-485,EAD & AP for myself (Belongs to EB3 Category with Priority Date Aug 2003) and waiting for I-485 receipt notice. At the time of filing my wife was in India. Now she is returned back from India; I have her medical paperwork ready.

Question 1
Is it possible for my wife to file I-485, EAD &AP before Dec 31,2004 without my I-485 receipt notice?

Question 2
Is it possible for my wife to file EAD & AP only not I-485 after Jan 1, 2005? I am hearing mixed opinions about this question. My attorney says that because my wife is a dependent even if PD retrogress beginning from January she will be eligible to file EAD & AP since my application has already been filed. He further says that inorder to file I-485 she has to wait until the PD becomes current?

 

[ginnu]

Hi,

Does anyone know the eligbility criteria to file EAD & AP for dependent?

Here is my situation

Just recently filed I-485,EAD & AP for myself (Belongs to EB3 Category with Priority Date Aug 2003) and waiting for I-485 receipt notice. At the time of filing my wife was in India. Now she is returned back from India; I have her medical paperwork ready.

Question 1
Is it possible for my wife to file I-485, EAD &AP before Dec 31,2004 without my I-485 receipt notice?
-------------- she needs your I-485 filing reciept copy to be attached with her I-94
Question 2
Is it possible for my wife to file EAD & AP only not I-485 after Jan 1, 2005?
--NO, she can not file EAD AP if HER I-485 is not pending or filed
I am hearing mixed opinions about this question. My attorney says that because my wife is a dependent even if PD retrogress beginning from January

she will be eligible to file EAD & AP since my application has already been filed.
------ ONLY if her I-485 is also filed
He further says that inorder to file I-485 she has to wait until the PD becomes current?
------- you CAN file your wife I-485, EAD AP IF you get your I-485 filing reciept, if you get your I-485 filing reciept send her I-485 to USCIS so that it reaches USCIS Before 31