QUESTION
Can I file EAD for my husband if my i140 is approved and priority date is not current?
Asked on Apr 11th, 2012 on Immigration - Colorado
More details to this question:
I am working in US on H-1 and my husband is on H-4. My company has filed for my Green card and the Labor has been approved. My labor filing (priority date) is 15-jan-2012. Can I now file a concurrent i-140(premium processing) and i-485 and obtain EAD for my husband? or it would be impossible to file for an EAD till my date becomes current? My husband would have filed for an h-1 but no company is wiling to file for an h-1 from april if he can work only from october and looks like this year the h-1 quota would be filled by october.
7 ANSWERS
Assault Attorney serving Richardson, TX
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No. He can only file the EAD with the I-485 which can only be filed when the priority date is current.
Answered on Apr 17th, 2012 at 7:35 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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When your PD is current, you get to file your I-485 application. Your husband files at the same time and then can apply for the EAD card. Otherwise he needs to file his own H-1B or other visa which allows employment.
Answered on Apr 13th, 2012 at 12:00 PM
No, unfortunately, if the priority date is not yet current so that you cannot file the I-485, you are not eligible to file for the I-765 employment authorization document, since that is a document that can only be filed with a pending I-485.
Answered on Apr 13th, 2012 at 11:51 AM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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You need to wait until your visa number is current and then the adjustments can be filed.
Answered on Apr 13th, 2012 at 11:50 AM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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An EAD is not an option for a labor cert. adjustment until there is a current priority date.
Answered on Apr 13th, 2012 at 11:49 AM
Your husband can only apply for an EAD in conjunction with an I-485. To file an I-485 your priority date must be current and an I-140 on your behalf be pending or concurrently filed with it.
Answered on Apr 12th, 2012 at 5:22 PM
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Your husband cannot file for an EAD until he has applied for permanent residence. And, he cannot apply for permanent residence until your priority date is current. You are correct that the H-1B visas are going fast. Hopefully he can find an employer who will see the value in applying for an H-1B for him now.
Answered on Apr 12th, 2012 at 5:14 PM