rickie Posted July 6, 2011 Report Share Posted July 6, 2011 I filed I-485/EAD/AP 2 months after filing I-140 (PD is current). Online status says "Initial Review" for all petitions. However, yesterday I received EAD/AP card exactly 3 months after filing for them. Is it possible that EAD/AP gets approved while I-140 is pending? Or is it that I-140 has also gotten approved and the attorney has to yet receive approval NOA? If I-140 is not approved, can I still use EAD? Thanks Link to comment
vamsibm Posted July 6, 2011 Report Share Posted July 6, 2011 Since your PD is current, You can get EAD/AP while I-140 is pending.However I-140 approval takes longer than 3 months upto an year. Link to comment
zlatka Posted July 6, 2011 Report Share Posted July 6, 2011 it is a separate process. You receive EAD card within 90 days of submitting the form. I know the cases when I 140 got denied after few months eventhough people had EAD cards approved till next year. BTW I have the same situation. I got EAD card about a month ago but my I 140 still under initial review. Link to comment
rickie Posted July 6, 2011 Author Report Share Posted July 6, 2011 Thanks! So can my dependent spouse use her EAD card? If she does use it, her H-4 will get cancelled, right? Link to comment
pontevecchio Posted July 6, 2011 Report Share Posted July 6, 2011 Does your lawyer charge by the word? Just Kidding. She can use the EAD as long as the AOS is pending and within its validity. If she works she loses her H4 status and needs to use the EAD as her work authorization. Link to comment
Belle Posted July 6, 2011 Report Share Posted July 6, 2011 "If she does use it, her H-4 will get cancelled, right?" No, it does not get "cancelled". The derivative may be considered out of status. Link to comment
rickie Posted July 7, 2011 Author Report Share Posted July 7, 2011 Thanks folks ! Once she starts work using her EAD, does she have to always be employed, or can she stop working while AOS is still pending? Also, does she have to work 40 hrs a week? Or part-time is fine? Thanks a lot ! Link to comment
lookingintoit Posted July 7, 2011 Report Share Posted July 7, 2011 On EAD, one can choose to work any number of hours. Or stop working. Status is maintained via pending AOS. If AOS gets rejected, she will be immediately out of status. She may need to go out of country and return to activate her H4 status (if you are still on H1B status). Link to comment
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