Interim EAD before I140 approval

gjetty

Registered Users (C)
Guys

was there a law change that prevents you from getting Interim EAD before your 1140 is approved?
Your quick reply is very much appreciated as I could plan my wife's h4 to f1 conversion accordingly.
 
CSC Liaison Meeting Summary for 05-28-2003 (05-31-2003)

Concurrent Filings

Applications for Advance Parole and Employment Authorization (EAD) will not be adjudicated until the underlying Employment Based Visa Petition (I-140) is approved. However, if the EAD application is pending for more than 90 days and no Request for Evidence (RFE) has been issued on the underlying I-140 OR a response to an RFE has been filed more than 90 days, the individual may go to the local BCIS office to apply for an interim EAD card.
 
Gjetty,

I have same situation, My I-140 is still pending but I went to local USCIS office Hartford, CT on 02/05/2004 and got Interim EAD.

They didn't ask any questions just Receipt and Application form.
 
Hi,

My I-140 is pending at California Processing center (RD 09/15/2003) filed cocurrently with EAD and AP applications. Both EAD and AP got approved in 3rd week of Januray 04, so i am not sure that i-140 approval is the requirement to issue EAD cards. I think the processing center does an initial check also known as Prima Facie and if they find issues they will generate RFE and put the I-140 on hold and in that case the local office will not issue the interim EAD card after 90 days of inital filing.
 
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