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Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.

I-140 NIW approved. Do i need to apply for an EAD?

Question:

First, let me thank you. I got recently approved i-140 through NIW, using your package. I am on J1 visa and I am applying for adjustment of status. Do I have to file i-765 in order to keep working for my current institution? And what will be the expiration date on the EAD card if my husband who is on J2 visa files  i-765 with i-485?

Thank you,

Answer:

First congratulations on your i-140 success. 
 
Since you mentioned that you are applying for adjustment of status, we assume you either do not need J1 waiver or already have one, and your priority dates are current. 
 
You only need to apply for I-765 if you plan on not using your J1 and J2 visa. Some applicants apply for an EAD because it is more flexible as they can work with any employer. If you wish to apply for I-765 then you would need to apply for yourself and your husband. EADs are usually granted for a period of one year. Renewals generally take 120 days. 
 
 
Best wishes
GCforPhD
 
Question:
 
Thank you for your advise. My husband has EAD currently based on his J2 visa. Does he need to reapply?
 
Answer:
 
If you apply for an EAD  AND start using it then both of your J1, J2 status are invalid. At that point he would need a EAD based on i-485 application. If you do not intend to apply for an EAD and use it then his current EAD is valid. 

 
 Question:
 
Do you think we can both apply for the EAD, in such a way that my husband will use his new EAD but will not and stay on my J1?
 
Answer
 
If you both apply for EADs and any one of you start using an EAD other would have to use their new EAD. 

 
If your husband uses new EAD, you would have to simply show your employer that you have a new EAD and would like to use it as work authorization instead of J1.  

 Question:

I work in uiniversity now can I still stay on my J1 and husband will work with the new EAD?
I have heard that it is recommended to stay on J1 while the adjusment of status is pending. Is this correct?

 

Answer:

If any one of you use a new EAD then both of your default status is “pending adjustment of status” (ie pendng i-485) and J1, J2 are invalid. So the answer to your first question is no.

 
It is not necessary that you stay on J1, unless you have a specific reason to do so.

 

Sincerely
Green card for Phd Team
Helping NIW and EB1A applications
with our DIY packages

6 Responses to I-140 NIW approved. Do i need to apply for an EAD?

  • HW says:

    Hi I have applied for my J1 waiver and I140, both are pending at the moment.

    May I know what do I need to apply for an EAD?
    Do I need a J1 Waiver to apply for an EAD?
    Can I submit my EAD application now while I140 is pending?

    Thanks.

    • GCforPhD says:

      Hi

      If you have not concurrently filed your petition (that is I140 and I-485 together) then you would have to wait till your I-140 is approved first. After I-140 approval, you need to apply for I-485 (if your priority dates are current) which will entail you to apply for an EAD. In order to apply for I-485 you should already have obtained an J1 waiver.

      So the short answer is you cannot submit an EAD now.

      Best wishes
      GCforPhD

  • Jayeesh Bakshi says:

    Hello,
    My F1 OPT EAD expires in July and am applying for NIW soon. I am from India and would like to know can I work with my current employer till my NIW application is pending ?

    • Tigran Kalaydzhyan says:

      Hi Jayeesh,

      If your F1 expires, pending I-140 by itself does not allow you to work (or even stay in the U.S.). Normally, it is possible to file I-485 and I-765 together with I-140 to obtain the EAD. However, you can’t do this if you were born in India.

  • kunal shah says:

    Hi, I am plannig to apply for EB2 NIW but since I am from India my green card will take years to come. my question is once my I-140 approves can I apply for EAD and start working or I need to wait till I can file I-485 (for many years)?

    Thank you,

    • Tigran Kalaydzhyan says:

      To my knowledge, it is not possible to obtain EAD on the basis of approved I-140 before the priority date is current.

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