filing I140/485 without EAD and AP

[Obelix1]

Hello to you all,

I am in the process of applying for NIW for physicians. I am in my first year of J1-waiver and working at a VA on a H1. I read that we can apply for I-140/485/765/131 at the same time. In my case, I have to stay on my H1 for at least two more years. My wife currently is on H4. She is pregnant and won't use EAD before 2008. My questions are:

1) In order to save money, can we just file I-140/485 together and file I-765/131 later when we need it? I wonder why I would ask for EAD/AP now since I need to stay on H1 till 2009...

2) If we do so, how long should it take to have I-765/131 approved later on?

Thanks

 

[hadron]

1) In order to save money, can we just file I-140/485 together and file I-765/131 later when we need it? I wonder why I would ask for EAD/AP now since I need to stay on H1 till 2009...

Yes. Your wife can file for EAD, it would allow her to work.

2) If we do so, how long should it take to have I-765/131 approved later on?

2wks to 6 months.

 

[mmed]

Hello to you all,

I am in the process of applying for NIW for physicians. I am in my first year of J1-waiver and working at a VA on a H1. I read that we can apply for I-140/485/765/131 at the same time. In my case, I have to stay on my H1 for at least two more years. My wife currently is on H4. She is pregnant and won't use EAD before 2008. My questions are:

1) In order to save money, can we just file I-140/485 together and file I-765/131 later when we need it? I wonder why I would ask for EAD/AP now since I need to stay on H1 till 2009...

2) If we do so, how long should it take to have I-765/131 approved later on?

Thanks

It is not mandatory to apply for all of that, even you can apply for I-140 only and later on you can apply for I-485. But if your wife or children wants EAD you should file your I-485 before them or at least in the same package with their I-485, EAD.

 

[Obelix1]

Thanks to both of you!

 

[mmed]

The other benifit of the EAD in your hand is; if you want to do extra job, you can, but the H is restricted to one employer only. The other aspect is the fee which mostly will be increased almost three times sometimes soon per USCIS proposal.

 

[raj121b]

New fee for 485 ($905) will include fees for EADs and APs, just to let you know,
Also, I'm not entirely sure that one can use EAD even for extra job while in the initial 3 year period, may require an extra H1 for that purpose.

 

[Obelix1]

New fee for 485 ($905) will include fees for EADs and APs, just to let you know,
Also, I'm not entirely sure that one can use EAD even for extra job while in the initial 3 year period, may require an extra H1 for that purpose.

On the basis of what I gathered in this forum, effectively I cannot use EAD for the first three years because I'll loose my H1 status and I need my H1 status for three years because of my J1 waiver. If I didn't have a J1 waiver, then I could use EAD.