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  • EAD process ???

    Hello all, can someone please tell me how to get EAD card and how long will it take ??? Also can I get a SS # without EAD card ? Many thanks to all of you who has replied me in the past, god bless you all. please help me again with this. Also can I apply for adjust of status I-485 even if my I-130 is pending ??? let me know
    many thanks.
    ajnabi

  • #2
    Hello all, can someone please tell me how to get EAD card and how long will it take ??? Also can I get a SS # without EAD card ? Many thanks to all of you who has replied me in the past, god bless you all. please help me again with this. Also can I apply for adjust of status I-485 even if my I-130 is pending ??? let me know
    many thanks.
    ajnabi

    Comment


    • #3
      We need more info - what's the basis of your I-130? If marriage to a U.S. citizen, then you can file the I-485 simultaneously with the I-130 (or after, even if the I-130 is still pending, as long as you provide the receipt number for the pending I-130 and your A number). If the I-130 has some other basis, you not only need to wait for I-130 approval but for the priority date to become current. The I-765 can be filed along with the I-485 or after; you would need the I-485 pending to be eligible for the EAD based on this pending case (assuming no other basis for eligibility, such as graduation from a degree program on an F-1, etc.).

      Comment


      • #4
        Thanks Stu_r for the reply, well I have I-130 pending, marrige to a US citizen. I called INS 1-800 # and they said I have to wait for I-130 to get approved before I can file I-485 they suggested that I should apply for EAD first then once I-130 get approved I need to do adjust of status I-485. I am so confussed what should I file ? I-485 or I-765 EAD ? or both together I have I-130 already pending applied on July 2003. anyways help..help...many thanks.

        Comment


        • #5
          The I-130 pending means, the BCIS is validating the petition, and therefore will categorically process the petition in order of receipt the I-130 was recieved, and they estimate the length of that period with # days the beneficiary should expect around the petition to be approved.

          After the I-130 is approved, the beneficiary will have to check his priority date from BCIS with the NVC, where a visa will be available to him if the priority date is current. The NVC allocates visas based of categories (check with DOS Monthly Visa Bulletin website). Each category has a limitation for visa availibilty on annual basis, which is then distributed to monthly cut-off dates within the annual limits.

          When the priority date becomes current, the beneficiary can file for Adjustment of Status (I485) at a local district office. Depending on the district office, the beneficiary can obtain an EAD (work permit) 90 days after the AOS receipt date from BCIS. Generally, beneficiaries end up going to the district office to get the EAD 90 days after the receipt date.

          So in the OP's case, it will take some time if he/she didnt get their I-130 approval.

          Its a step-based process, and the difficulty of the process is simply the length of TIME.

          Good Luck

          Comment


          • #6
            If you entered the United States legally, (or illegally before December 2000 and your I-130 was filed before April 30, 2001) and are married to a US citizen, then you are eligible for adjustment of status. Send in you adjustment application with a copy of your I-130 filing receipt to your local immigration office. The MSC/NBC will pull your I-130 file from the service center and interfile it with your AOS application.

            Comment

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