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EDA While waiting for I130 approval

EDA While waiting for I130 approval

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Old Mar 10th 2003, 6:58 am
  #1  
Aa
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Default EDA While waiting for I130 approval

Hi, I need to know if my sister can get an EDA while she is waiting
for her I130 approval. She is in the US with B2 visa. If she cannot
get an EDA, can she get any work authorization while she is waiting?
Thanks.
 
Old Mar 10th 2003, 8:18 pm
  #2  
Sylvia Ottemoeller
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Default Re: EDA While waiting for I130 approval

"aa" wrote in message
news:[email protected]...

    > Hi, I need to know if my sister can get an EDA while she is waiting
    > for her I130 approval. She is in the US with B2 visa. If she cannot
    > get an EDA, can she get any work authorization while she is waiting?

No, she cannot get an EAD based on a pending I-130 (unless you are talking
about an I-130 based on marriage to a U.S. citizen, which I kind of doubt --
let me know if you are).

She can get an EAD based only on a pending ***I-485,*** and she cannot file
the I-485 until she has *waited for the quota.* For category Family 4,
sibling of a U.S. citizen, the wait for the quota has been over 12 years
(from the filing of the I-130), and it is getting longer. It's a lot longer
for someone born in the Philippines.

No, she cannot get any work authorization based on the pending I-130. That
would be an EAD.

She can become authorized to work if she qualifies *on her own* -- for
example, by getting H-1B temporary worker status.
 

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