Legal Question in Immigration Law in New Jersey

Questions:

1. Is it possible I can apply for EAD after approval of I-140 when PD is not going be current soon (Means, will take years to be current).

2. If Q1 is yes then how many days after I can apply EAD from i-140 approval date.

3. If Q2 is correct and approved then We need to just PD to be current and formal GC.


Asked on 11/28/11, 8:26 am

2 Answers from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

EAD (employment authorization document) application can be filed only when I-485 is filed, and I-485 (adjustment of status application) cannot be filed until the priority date is current: www.h1b1.com/visawaiting.htm

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Answered on 11/28/11, 8:37 am
Rebecca White Law Office of Rebecca White

Unfortunately you can't file for employment authorization until your priority date is current and you are able to file the I-485 application for adjustment of status. Until then, you need to maintain your nonimmigrant status, and be aware that periods of unauthorized employment can jeapordize future adjustment of status.

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Answered on 11/28/11, 2:28 pm


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