PERM and EAD

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raju125

Registered Users (C)
All

I have had my EB2 labor pending since early 2002. After all this waiting, I think I have run out of patience and wanted to explore the PERM process. The question that I have is, due to retrogression the dates are still in 2003 or so, would I be able to apply for my I-140 and EAD after PERM approval? or can I apply just for the I-140 and then wait for the dates to be current before applying for the EAD?

I know the 485 can be applied only after the dates become current, but what about EAD? What is it dependent on? Can it be applied only after certain dates of 485 application? Or can it be done earlier?

I would appreciate your help with this
Thank you
raju125
 
raju125 said:
All

I have had my EB2 labor pending since early 2002. After all this waiting, I think I have run out of patience and wanted to explore the PERM process. The question that I have is, due to retrogression the dates are still in 2003 or so, would I be able to apply for my I-140 and EAD after PERM approval? or can I apply just for the I-140 and then wait for the dates to be current before applying for the EAD?

I know the 485 can be applied only after the dates become current, but what about EAD? What is it dependent on? Can it be applied only after certain dates of 485 application? Or can it be done earlier?

I would appreciate your help with this
Thank you
raju125
Click to expand...

EAD is issued by USCIS based on your pending 485 application. So EAD cannot be obtained unless you can file 485 (which in turn cannot be filed unless your priority date is current).
 
Thanks

Thank you mvinays

If you don't mind, I have a follow up question. Is it possible to use an approved I-140 of a later PERM labor and apply off of an earlier priority date? Well, let me give you an example:

My regular RIR labor has been pending since Jan 2002 (for which the dates are current). It has been stuck in the BEC for a loooooooooong time. Anyway, now I have decided to move forward with PERM. If the PERM labor gets approved and the I-140 gets approved, in a reasonable time, can I use that approved I-140 and utilize the earlier labor date of Jan 2002 to proceed with I-485? Is there a provision like that? I know that there was a chance for someone to use an earlier approved I-140, but this is the other way around. So, I didn't know if it is possible.

Please do let me know.
Thank you
raju125

mvinays said:
EAD is issued by USCIS based on your pending 485 application. So EAD cannot be obtained unless you can file 485 (which in turn cannot be filed unless your priority date is current).
Click to expand...
 
raju125 said:
Thank you mvinays

If you don't mind, I have a follow up question. Is it possible to use an approved I-140 of a later PERM labor and apply off of an earlier priority date? Well, let me give you an example:

My regular RIR labor has been pending since Jan 2002 (for which the dates are current). It has been stuck in the BEC for a loooooooooong time. Anyway, now I have decided to move forward with PERM. If the PERM labor gets approved and the I-140 gets approved, in a reasonable time, can I use that approved I-140 and utilize the earlier labor date of Jan 2002 to proceed with I-485? Is there a provision like that? I know that there was a chance for someone to use an earlier approved I-140, but this is the other way around. So, I didn't know if it is possible.

Please do let me know.
Thank you
raju125
Click to expand...

Yes, you can use priority date of earlier RIR labor, but the requirement is that you need to get another I-140 approved based on your earlier RIR labor apaproval. Read article below for full clarification...
http://www.murthy.com/news/UDinsigs.html
 
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