AOS and EAD

mtreyes · Oct 2, 2006

which one comes first in terms of approval, EAD or AOS?

Geena, BSN, RN · Oct 3, 2006

Your lawyer files for Adjustment of Status and you receive an EAD.

tagamargos · Oct 3, 2006

AOS: Adjustment of Stay, what you file to change your immigrant status when you are already in the US.
EAD: Employment Authorization Document: your permit to work while waiting for green card processing.

Thanks for the info, augigi... i appreciate it.

mtreyes · Oct 3, 2006

so that means... issuance of EAD is also approval of AOS?... sorry i am just making sure.. thanks:uhoh21:

Your lawyer files for Adjustment of Status and you receive an EAD.

augigi, CNS · Oct 5, 2006

No, you get the EAD while the AOS is being considered. Once the AOS is approved, you don't need the EAD, since you'll be able to get a SSN and have a work visa.

suzanne4, RN · Oct 5, 2006

You still need the EAD until you have been issued the green card. The AOS is just an application for Adjustment of Status. And actually requires a separate petition.

You will get the EAD first, and with that, you will go to the Social Security Office in your area and then apply for a SSN#, it will take about a week to ten days to get. Usually takes about six to eight weeks for the EAD.

You will be approved to start work long before you get the actual green card.

The most important thing to keep in mind: When you apply for an AOS, your initial visa that you entered the US with is now null and void, and therefore no longer exists. You are here by virtue of having submitted for the AOS. Until the actual green card is issued, you will need to use the EAD, which is an employment authorization, and if you need to leave the country, you will need to get a form filed by your attorney before you leave, called an Advanced Parole, or you will not be permitted to return to the US.

Approval of the AOS does not guarantee an automatic green card. Until it is actually received in hand, the process can be stopped along the way for any reason.

Same way that all I-140s are not automatically approved.

mtreyes · Oct 5, 2006

thanks suzzane... even though there is no available greencard yet, EAD can be used to continuously work right? or will it be revoked?...

suzanne4, RN · Oct 6, 2006

thanks suzzane... even though there is no available greencard yet, EAD can be used to continuously work right? or will it be revoked?...

If you can get the EAD, it will not be revoked, and you can continue to work with it. Unless, you become in violation of one of the rules for it.

mtreyes · Oct 6, 2006

thanks suzzane... i better treat see you and get you a starbuck's cofee... my gratitude

seiko · Oct 12, 2006

Has anybody filed AOS recently? Mine was filed on sep28,2006. And I havent got Receipt Date yet. Did somebody filed around sep 28 or later got receipt date.

Please share.

mtreyes · Oct 12, 2006

Has anybody filed AOS recently? Mine was filed on sep28,2006. And I havent got Receipt Date yet. Did somebody filed around sep 28 or later got receipt date.
Please share.

hello... mine was actually mailed last sept 29 and have not received anything also...

kalayaan · Oct 12, 2006

"Individuals in the United States will not be eligible to file the Adjustment of Status Application (Form I-485) unless they previously filed an I-140 petition on October 1, 2005 or earlier. Initial concurrent filings of the I-140 and I-485 will be temporarily unavailable beginning November 1, 2006.

"Pending Adjustment of Status applications for Nurses and Physical Therapists in the United States will remain pending until additional immigrant visas become available (unless the I-140 was filed before October 1, 2005). The Nurse or Physical Therapist will be able to remain in the United States and eligible to obtain employment authorization during this time."

http://hammondlawgroup.blogspot.com/