Is I-140 Approval Needed to apply for iEAD..... URGENT, Please help

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vsv9292

Registered Users (C)
Friends,

I am new to this site/process ...... and is my first post.

My wife's I-140 was filed in Mar 03 in CSC and we received a RFE (for company's finances) which is being taken care of right now. Our 485/765/AP were filed on June 19, 2003 with CSC. Her work visa (TN) is expiring on Sept 22, 2003 and she needs to have an EAD for the continuity of her work. Can we apply for interim EAD with local office on the 91st day (Sept20, 2003) even if our I-140 is still not approved ??? If so, does it mean that our file will be transfered to the local office ? Please help.
PS: It's amazing and great to see different responses.... Excellent source for basic information.
 
No EAD is not linked to I140 approval, however an officer has to review the I140 application to check its validity. If there is a RFE for I140 then EAD will be delayed.
 
Thanks for the replies friends !

Jaxen,

Just to clarify, does it mean that we can apply for the interim EAD at the local office on the 91st day ???
 
TN is for temporary work. Maintaining TN does not prevent applying for permanent residence, renewing TN, however, with pending AOS may cause problems.
 
Last edited by a moderator:
Originally posted by wonderfull
TN is for temporary work. Maintaining TN does not prevent applying for permanent residence, renewing TN, however, with pending AOS may cause problems.
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There is no way on Earth that the TN will get renewed with a pending I-485. If you have the I-485/765 receipts, you should give the iEAD route a whirl at the local office. The I-140 does NOT need to be approved, since the basis of EAD eligibility is a filed I-485, not an approved I-140.
 
A friend of mine was on TN and successfully renewed the TN while his AOS was pending. The got his approvals with no RFEs/issues. This was in 2001 though.

TN with AOS pending violates the temporary intent rule.....
 
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