Published
EAD is only applicable if you change your status one in the US which currently not able to do due to retrogression, exceptions will be if you are going on a fiancée visa and marry a USC. To be able to AOS visa need to be current and do not expect that to happen for many years due to the high demand for visas
According to this http://www.uscis.gov/files/article/2yrEAD_FAQ_061208.pdf
Who is eligible for an EAD that is valid for two years?The two-year EAD is available to pending adjustment applicants (i.e., those who have filed a Form I-485, Application to Register Permanent Residence or Adjust Status) who have filed for an EAD under Section 274.a.12©(9) of Title 8, Code of Federal Regulations (8 C.F.R.) and who are currently unable to adjust status because an immigrant visa number is not currently available. USCIS will continue to grant EADs that are valid for one-year for adjustment applicants who have an available immigrant visa number and are filing for employment authorization under 8 C.F.R. Section 274a.12©(9). In order to be eligible for an EAD with a two year validity period, an applicant’s I-140, Immigrant Petition for Alien Worker, must be approved.
Does that mean I still can apply for I-485 although it can not be approved, and then apply for this EAD to be able work? That's what I understand from it.
According to this http://www.uscis.gov/files/article/2yrEAD_FAQ_061208.pdfDoes that mean I still can apply for I-485 although it can not be approved, and then apply for this EAD to be able work? That's what I understand from it.
Only if you already have a EAD can you apply for the 2 year rule (this is a new thing) If you haven't already filed 485 then you can not apply for EAD as currently they are not accepting new ones
juzagrl
24 Posts
They said that once you get this document, you can start working even without the green card? Although, I am still far from migrating, I just want to know how things work. Thanks