work permit after I-130 approved

[dhanya17]

My wife is GC holder, filed for I-130 in november 2010. We got a receipt and PD is NOV 18,2010.

Can I apply for a work permit after I-130 is approved?

[Joe.F]

No. An I-130 does not give the person any immigration rights.

When the PD is current, you can file an I-485, and EAD (Employment Authorization Document.) With the EAD, you can work.

[pontevecchio]

yOU CAN ONLY ADJUST STATUS WHEN YOUR DATES ARE CURRENT. oNLY AFTER YOU FILE aos CAN YOU APPLY FOR THE ead.

[dhanya17]

thanks for the replies guys. that wat i thought it was.

so, i guess there is no point applying for adjustment of status after i-130 approved and before PD is current and i guess i cant get a work permit between that time?

[pontevecchio]

Waste of money. What is your status and when does she become a Citizen?

[dhanya17]

I just got my I-130 approved that my wife(PR) filed for me. I was on H1b when we applied. After that I got laid off then i applied for change of status to F1 immediately and that is still pending. I actually came here in 2001 in f1 visa and have never been illegal went to school here, graduated and worked with OPT then H1B. what options do i have?

[Joe.F]

Please read the existing posts in this thread.

An I-130 doesn't give you any immigration rights.

And the F1 will very likely be denied, since the F1 doesn't allow immigration intent. You would then be illegal.