EAD activation at later time

[Ricky27]

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

[JoeF]

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.

 

[Ricky27]

Hi Joef,

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

 

[Ricky27]

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.

[JoeF]

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.