OPT EAD vs GC based EAD


LAC

Recommended Posts

I have filed for I-485 and EAD as my priorty date is current. I have also filed for my husband's I-485 (spouse filing).

My husband is currently on an OPT based EAD which is active till September 2012. My employer said we cannot file EAD for my husband as he already has an EAD.

Questions to the forum:

1. Can we not file GC based EAD for my husband because he already has an OPT based EAD ?

2. Can we apply for husband's GC based EAD once OPT EAD expires ?

3. If priority date retrogresses, can we still file GC EAD in September 2012 once current EAD expires.

Thanks for your help.

Link to comment

ur employer is dumb.

he knows nothing.u can file for GC EAD.

I got my F1 EAD in mid january with a start date of Feb1.

my wife became current as of feb bulletin and we both applied for EAD/AP.Both of got GC EAD.

If your husband is currently using F1 EAD,he can continue on it as long as its valid.

Once it expires ,he can switch over to GC EAD.If he wants he can switch to GC EAD right away which will void hio continue has ts F1 status and has to continue on AOS.

If he ever travels outside the country,he has to come back on AP and cannot come back on F1 visa alrhough it has validity.

this is the info I got from my lawyer..

go ahead with it.

Link to comment

Archived

This topic is now archived and is closed to further replies.