I have I-140 approved, but can not file my I-485 yet due to the backlog. Can I apply for work permit without applying for I-485 yet?

I would apply for the whole package!

Good Luck!

I can not apply for my I-485 until my priority date is current, but still the question can I apply for work permit without I-485 yet?

I don't see how you can apply for EAD without an I-485 pending. There is no basis for it.

You can always try I guess.

Malina75: I doubt that you can apply for a work permit in this circumstance.

You ought to also be aware that if you plan to adjust status in the United States at some time in the future, you MUST remain in legal status until your adjustment of status is approved. Otherwise, you will have to leave the United States to be processed at the U.S. embassy in your country of origin...at which time, you may face a mandatory bar against reentry.

Where to File: Empolyment Based Application:
Approved Employment based: I360, Special Immigrant Category follow the mailing instructions with the form I-360, I-140, Immigrant Petition for Alien Worker, or an approved Form I-526, Immigrant Petition by Alien Entrepreneur, mail your adjustment application to the service center that approved the original petition.

If a USCIS district or suboffice approved the employment based petition mail your adjustment applicationto the service center having jurisdiction over your place of residence. If you are filing a Form I-765 application for employment authorization or a Form I-131 application for advance parole authorization along with your adgustment application, please also read separate filing instructions for those forms.

REF: Department of Homeland Security, U.S, Citizenship and Immigration Services.
FC-485 DHS 04/11/05 3230

quote:

Originally posted by malina75:
I have I-140 approved, but can not file my I-485 yet due to the backlog. Can I apply for work permit without applying for I-485 yet?

Malina, sorry but as per regulations, the answer is no. Employment-based Form I-765 is not a stand-alone application but always based on AOS. For sure your approved I-140 has an underlying certified Laborcert or PERM. One option is for your PERM to be upgraded to EB-2 where the priority date is current except for India and China. If you're from either country, then you just have to wait. Also, do you have a valid nonimmigrant status?

(This is just an opinion).

Yes I have current nonimmigrant status. How can I upgrade to EB-2 if I do not have masters yet, and my position does not requiere masters?

Five years of progressive experience relevant to your degree can compensate for the master's degree requirement. And it's an uphill climb if your employer can't prove the necessity for a high position that normally requires a master's degree or equivalent, to which you can upgrade your PERM. What does your attorney say?