Tag Archives: EAD

FAQ, I-485

I-485 submission along with I-140 and EAD

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Question:

Do I need to submit the I-485 form at the same time as I-140 form?

Answer:

USCIS does not require one to submit I-485 at the same time. Petitioners submit it for number of reasons such as to get an EAD or Advanced parole. EAD and AP petitions can only be applied along with or after 485 petitions.

Q1:

Also, I am under OPT (optional practical training). I have my employment authorization until November 2011. Do I need to send this again?

Answer:

The new employment authorization from I-485 petition will be associated with the a different/new status (called pending 485) rather than like your current F1 status. If you want to work after November 2011 your current OPT cannot be extended beyond that date then an EAD obtained using 485 petition will be helpful.

There is one risk in applying for I-485 with F1. I-140 petition implies intent to immigrate. Therefore, if the I-140 is rejected then you cannot obtain further extensions to your non-immigrant F1 status or OPT. In this situation, any new job should be based on a different (from OPT EAD) work visa such as H1B. Generally this may or may not be a concern to you but you should be aware of this situation also.

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I-140 application while on AOS

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Question:
I have been currently working as an Adjunct faculty in various local and private colleges. I have recently applied for PhD program with an Online Univ. My current status is AOS -EAD based of my spouse’s sponsorship. We’re getting separated and as soon as this gets finalized, I will be not be able to retain my AOS or EAD status.
My question is;

Can I file on my own as a Phd student or this only works with PhD holders?

Answer:
Anyone with or without a phd can also apply. If you plan to self-petition, a successful petition has to meet the uscis criteria for niw or eb1a. PhD’s have a better chance because they are more likely to meet these criteria. If you are able to concurrently file a i-485, you can get a new AOS status. There may be a possibility of transferring your existing AOS  application to your new i-140, however we are not experts at this.

F1, FAQ, OPT

Green card for master’s students

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Question:
I am  a graduate student in electrical engineering. I had few questions regarding the green card for master’s students on F-1. I have 3 international IEEE publications and 1 ordinary journal paper. My questions for you are as follows:

Q1:
What are the chances of getting EAD (Work authorization) for a master’s student if I apply after completing my master’s i.e., I will no more be on F-1 visa, I will be on OPT?

Answer:
OPT is also considered being on F1 status. You can get an EAD on OPT which will last for a year and can be extended for additional 17 months (for STEM fields).

If you are referring to EAD through Green card, you have to self-petition in EB1A (requires establishment of extraordinary ability) or EB2-NIW (requires you to show that your work is in national interest). In any category, the priority dates for your nationality should allow you to file i-485 in order to get an EAD.

In summary it is possible as long as you meet USCIS criteria.

Q2:
How many research publications are required? And what are the other important things or criteria looked into for giving an EAD?

Answer:
It is not just publications but how you show evidence of national interest. Please refer to USCIS criteria and our free e-book for answers to FAQ.

Q3:
Was there anyone who had applied for EAD while doing master’s or after completing his/her master’s? I know mostly PhD students apply for green cards.

Answer:
We have not helped any master’s students. Green card is not restricted to PhDs, anyone who meets USCIS criteria can apply.

Q4:
How much would be the entire amount required while applying for EAD or green card? And how much would it be if I go throw a lawyer?

Answer:
For EAD via Green card, you need to apply for i-140, i-485 and i-175. You can find the processing fee at USCIS website.

Lawyers charge anywhere from $3k and higher in addition to the application fee.

Question:
If I go through the entire process and by any chance my petition for EAD gets rejected. Will I lose my F-1 status?  If so, do I need to move completely back to my home country? Or is there any solution for it?

Answer:
We are assuming that you are referring to EAD via Green card. You will not lose your F-1 status. However, you will not be able to renew your F1 once you apply for i-485. When you apply for i-485, you are expressing intent to immigrate. Usually EAD application is not rejected, but i-485 can be.

You can find more information on F1 and green card on the following post.