Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
Ricky27

EAD activation at later time

Recommended Posts

Hi Experts,

My PD dates became current and i need to file for my EAD. But my wife is in INDIA and can come back after 2 months.
Can i file EAD first for myself & file for my wife later?
I mean i will NOT activate my EAD until my wife steps into USA.  Once she lands in USA i will file for EAD..Is that a good idea?

Please suggest.

 

Thanks

Ricky

Edited by Ricky27

Share this post


Link to post

You mean you need to file an I-485? An I-485 can only be filed when the PD is current. An EAD requires a pending I-485, and can be filed with or any time after an I-485 is filed, even if the PD retrogresses.

An I-485 can only be filed when the person is in the US in some other valid status, like H1 or H4. Your wife can file an I-485 after she enters, as long as the PD is still current then.

 

Share this post


Link to post

H Joef,

Yes. I mean filing i-485 separately after wards when she comes back to USA(>6 months) assuming the dates would be current.

Share this post


Link to post
On 12/18/2016 at 10:29 PM, Ricky27 said:

Hi Joef,

So you confirm that husband & wife need not file for EAD together at the same time?

 

Each I-485 and EAD can be filed separately.

But, be aware that if your wife is abroad and wants to enter on H4, you still have to be in H1 status at that time, which means if you intend to actually use the EAD, you can only do that once your wife is in the US and has filed an I-485.

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×