Parisangel

Hi guys

I'm confused...nothing new there, but maybe you can clear this up for me....?

Hubby is on a uncapped h1B but needs to move to green card to take up a new position. At what point in the green card process is he able to start work for the new employer? When he physically has the green card in his hands, or is there any provision before this eg when it's been approved but is still processing? ? He is filing under EB1 Exceptional researcher.

Thank you, as always!

Parisangel

Thinking about the EAD....when can this be used in the process? Any help very gratefully received!

Rete

After you apply for it, have done the biometrics, and the card has been issued and received. For non-adjustment of status via marriage to a USC, it seems to be taking from 90 to 180 days from reports from others waiting on the EAD based on L2 visas.

Parisangel

Wait, so after you have the green card in your hand you have to then apply for it? So you can't start work even when you have the green card in your hand for another err r 90 days or more? That's nuts. And depressing!

Nutmegger

I think Rete meant that you can work after the bolded part has all taken place and you have actually received your card. Once you have it, you have it.

Noorah101

As part of the Adjustment of Status process, form I -765 can be filed to get work authorization (EAD) white waiting for the green card.

After form I-765 is filed, you go for biometrics, then it takes several weeks/months to get the EAD in hand, allowing you to work for any employer.

Now, how that works when your employer is sponsoring the green card, I don't know.

Rene

Parisangel

ok, lots of conflicting info here, I'm still confused! What is the point of the EAD if you can work once the green card is in hand.....?

Pulaski

You've misread it. The post was referring to the whole apply-biometrics-receive process.

They meant you need the physical card, only then can you work. I do not know if that is correct, but if I was betting, that is what I would bet on.

If you have a green card you don't need an EAD, ever! Under some circumstances you can get an EAD while you are waiting for your green card.

Nutmegger

I read the bolded part as meaning that it was possible to apply for authorization to permit one to work during the period that the application for the green card was in process, which would of course be superseded once the green card was actually in hand.

Parisangel

Yes, what I'm trying to establish is if you can get an EAD so you can start a job while the green card is being processed, after it has been approved.

ian-mstm

What is "it"? Are you referring to the EAD or the green card. Your writing is confusing because you keep using pronouns instead of the actual words or acronym!

If your green card has been approved, you don't need an EAD. However, if your GC has not yet been approved, then you need an EAD to work.

Ian

Parisangel

I would hope it's pretty clear I mean the green card, but sorry for the brevity of my posts, I have a squirming baby on my lap.

So with premium processing we will know within 15 days if the green card application has been approved, but it can take some time I believe before the card is actually in my husband's possession. So is a EAD appropriate as a way to start work with his new employer sooner? But you are saying if it has been approved, he doesn't need an EAD to work, correct?

ian-mstm

Perhaps you should post when the child is napping!


Once the I-485 is approved, it's usually only 2-3 weeks before you get the green card.


If the EAD arrives first, yes... otherwise, no.


If the I-485 application has been approved and he subsequently gets a green card in hand, then yes - he doesn't need an EAD to work.

Ian

Parisangel

[QUOTE=ian-mstm;11979882]Perhaps you should post when the child is napping!

Then I would never be able to post, as this baby believes naps are for wimps, and only deigns to do so in the car. Thanks for the parenting advice, but I'm all set.


Once the I-485 is approved, it's usually only 2-3 weeks before you get the green card.

Yes, but the approval comes before that, I think it's the I-140...waiting for the I-485 is the long part for us, so wondered if the EAD can be used at this point while waiting for the I-485 approval.

Orangepants

I think you are asking with an approved I-140, can you get an EAD? Our lawyer informed us on our last call that this is a proposed rule that is still being discussed and there hasn't been much progress within DHS recently. So at the moment, only after adjustment are you eligible to get an EAD.