H4 to I-485 to get EAD

O

oldschool

Registered Users (C)
I am in the U.S. on an H4. I am a physical therapist and would like to apply for an I-485 to get an EAD. Is it possible because of the retrogression? Thank you very much.
 
oldschool said:
I am in the U.S. on an H4. I am a physical therapist and would like to apply for an I-485 to get an EAD. Is it possible because of the retrogression?
-------------- not enough details of your case provided . one can apply for I-485 if PD is current. you are on H4 and your spouse is on H1 when his PD is current you can apply I-485 when he is eligible to submit his I-485,EAD

Thank you very much.
Click to expand...
 
Thank you very much for your answer. My husband is currently on H1B and he has already filed for I-140 and I-485. He already have his EAD, but he is not using it still. I think his attorney filed it both last October. So meaning to say, I would wait for his PD to become current first before I can apply for I-485 and eventually for EAD? Can I apply for I-485 independently so I can get an EAD faster?

Thank you very much
 
If you were married when he filed I-140 and he included your name in his I140 you can apply for I-1485 now I think. But if not, I am not sure. You may be better off looking to get H-1B sponsored.
 
knowDOL said:
If you were married when he filed I-140 and he included your name in his I140 you can apply for I-1485 now I think. But if not, I am not sure. You may be better off looking to get H-1B sponsored.
Click to expand...

No You can apply I-485 at any time if the marriage happened before I-485 approval.
 
oldschool said:
Thank you very much for your answer. My husband is currently on H1B and he has already filed for I-140 and I-485. He already have his EAD, but he is not using it still. I think his attorney filed it both last October.

Thank you very much
Click to expand...
Q. So meaning to say, I would wait for his PD to become current first before I can apply for I-485 and eventually for EAD?
A. If he applied for I-485, it means his PD is current.

Q. Can I apply for I-485 independently so I can get an EAD faster?
A. Every single person needs to apply for a I-485 and EAD. You can only apply for EAD if you have a 485 pending or you apply concurrently(485 and EAD).
 
Meaning to say, if I apply this month for I-485 and EAD this month, even though the PD that I will get is still retrogressed, I can get an EAD?

Thanks for all your answers. Gladly appreciate it.
 
oldschool said:
Meaning to say, if I apply this month for I-485 and EAD this month, even though the PD that I will get is still retrogressed, I can get an EAD?
Click to expand...

No.
PD must be current to apply I-485. You will get EAD only if I-485 is pending.
 
Thank you guys. I guess my best option for now would be to apply for an H1B but October is too far to start working. Any other suggestions? Thanks again!
 
You must log in or register to reply here.
Top