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Frequently Asked Questions - EAD

Employment Authorization Document is a general term describing the documentation which evidences a person's right to work. EAD's are given during many statuses and processes such as A , E, F-1 visa, G, J-2, K, L-2 etc. and adjustment of status.

  1. Change of status from L-2 to H-4
  2. L-2 visa and EAD processing
  3. L-2 Visa without EAD
  4. Can I apply for H4 visa for spouse while on EAD
  5. AOS interview next week, mother in India on AP
  6. NPTE license
  7. H1B extension or EAD
  8. Self Employed while on EAD
  9. With I-485 pending can I be an investor ?
  10. Lost old EAD card for another OPT application
  11. EAD-AC21-Self Porting
  12. L2 EAD Renewal based on I -94
  13. L2 visa and EAD
  14. When can I apply for EAD
  15. Pending I-485 and marraige
  16. F1 and OPT Expired but 60 days not up
  17. AOS and EAD
  18. EAD restriction for 245i
  19. EAD - Job title change on the same job
Change of status from L-2 to H-4

I was on L-2 visa till present. I got my ">EAD few months back, which expires in April 2013. But I had to Adjust my Status to H-4 as my spouse's visa got changed to H-1.Can I work with my EAD as it has got validity till 2013? Is there any other way that I can work in this country?

H-4 holders can not use the EAD they received while on L-2. If you can, change to H-1.

L-2 visa and EAD processing

I am in USA on L2 visa and I intend to start interviewing/ working immediately. For the ">EAD application, do I have to apply it before I interview or does the employer apply on my behalf once they make an offer? What are the processing times for EAD? I still haven't got my ">SSN but have scheduled the appointment for SSN. Should I apply for EAD after the SSN is approved or soon after SSN application?

You should apply (not the employer) for the EAD ASAP. Processing times are on USCIS web site.

L-2 Visa without EAD

I have come here with my husband who is on L-1 visa. I have L-2 visa. What work opportunities are there if I have no ">EAD. Second,I have gone to the office to get ">SSN. But the lady there told me that I don't require that and they refused to give me.What could be the reason I didn't get that. Can I apply for EAD if I don't have SSN? I'm here in US for 6 months. I want to work as I have done my MBA.

USCIS has to issue you an EAD (apply using Form I-765) and the SSA has to issue you an SSN. Once you have your EAD, you may work anywhere in USA at any job.

Can I apply for H4 visa for spouse while on EAD

My I -485 is pending since 2007, on EB3. My I-140 approved in Nov 2007. I did not for I-485 for my spouse and dependents as they were not in USA. I am working on ">EAD and I do not have H1B. My Question is can I apply for H4 visa for my spouse, as I am legally working on EAD? I heard that people on student visa can bring their spouse on dependent visa.

You can have them apply for H-4 only if you go to an H-1 (you can). An F-1 is difficult if you have an AOS pending.

AOS interview next week, mother in India on AP

I am a US citizen, had applied for my parents GC in October 2009. Mom underwent fingerprinting three times here, but did not get her AOS done in time. End of last year my father (who got his ">EAD and AOS smoothly) had emergency heary bypass here, and then they had to leave back for India for more tests. Mom left on AP. Subsequently I wrote a letter to ">NBC, MO to ask them to expedite my mothers case. Yesterday I received a letter stating that she has go to Philadelphia ">USCIS office next week for "Completion of application to register for Perm residence." Mom is in India now.

You need to contact USCIS customer service for guidance. Definitely put something down in writing that you are requesting a rescheduling. Maybe asking your Congressman's assistance is the best way to go for rescheduling.

NPTE license

After clearing the NPTE license exam do we need to go for health care worker screening or with ">EAD we can work?

If you already have an EAD, for instance as a derivative beneficiary, you only need to fulfill the State licensing requirements.

H1B extension or EAD

I am currently on my H1B extension and my employer filed a petition,I-140 under EB3 category which was approved. I cannot file for an adjustment of status at the moment so if my H1 B visa expires before I can file for the AOS in that case does my employer have to file for an extension for H1b or is it the ">EAD. I am confused if they are two diffrent things or one and the same. Please advise.

EAD and H-1 are two different things. You will get your EAD only after you file the 485.

Self Employed while on EAD

I am employed with H1-B and ">EAD. My wife has EAD through my petition. She is looking into working as an Independent Consultant (Self Employed). Is she allowed to be IC under EAD?

I see no issues at all with the derivative beneficiary being self-employed on EAD.

With I-485 pending can I be an investor ?

My 485 is pending and I am on advance parole and ">EAD, my employment based GC priority date date was June 2006. I want to be an investor in my friends start up company. I wont be leaving my current job but only investing in it. Should that be an issue If I dont have my GC?

I see no problem with it, especially, if you are a passive investor who takes no action to manage or conduct the business of the entity invested in.

Lost old EAD card for another OPT application

I am currently a PhD student and preparing for application for ">OPT. Previously in 2004 upon earning BS degree, I got

">OPT

and worked for a summer. In preparation for a new OPT, I realized that I need to provide copy of front and back of the previous ">EAD card. However, I cannot find the card. I just found copy of I-765, I-94, and I-20 for the previous OPT.If I submit without copy of the previous EAD card, will I be likely to be denied for the new OPT?
Also, what is the safest way to deal with this situation.

First, discuss the possible solutions with your international students office. Second, call USCIS customer service and ask for solutions. Third, provide whatever you have with a full explanation to USCIS when filing the new OPT.

EAD-AC21-Self Porting

I have ">EAD/Pending AOS. I ported to employer B based on AC21 in 2008.
Now i am considering a great opportunity:
-Joining S corporation in Florida
_I will receive similar hourly rate as prior employer
-similar job
-i will receive 40% of profits on top of salary
-the new corporation will be my fututre full time job
Does the new corporation have to be huge with lot of finances for me to use the AC21?
I have valid EAD can I join as a partner in the S corporation in Florida?
Any thoughts things i,ve to carefull with?

Very little is clear about self-porting. Read the Yates Memo of May 2005. It seems you should be fine as long as the jobs are same or similar, but like I said, not much is known about this issue.

L2 EAD Renewal based on I -94

Below are the validity dates of my L2 Visa,I-94& ">EAD:

L2 Visa Expiration Date: 18JUL2010
I-94 : 06MAY2011
EAD expiration date: 02OCT2010
I would like to apply for EAD renewal on June 4th, 2010 [120 days before EAD expiration]
Since I & my husband have I-94 valid till May 2011, my husband's company is planning to extend L1/L2 visas next year. Will my EAD renewal process have an impact with L2validity? As per my understanding, since I would remain on valid L2 visa after 18 July,2010 for 7 months[till I-94 expiration] can I renew my EAD without necessarily extending my L2visa.

Visa is irrelevant for status in USA. Look to your I-94 only. I dont see why you cannot renew EAD till I-94 validity. Since this matter is important, do double check with the company lawyers.

L2 visa and EAD

My husband's employer are busy with a L1 / L2 application for our family. My husband will go to the US (in June) on his L1 visa, 2 months before me and the children, since I have to wait for them to finish their school year in July. We will join him end of July. When he goes over in June ... Can he
1) apply for my SS number
2) hand in the forms for my ">EAD
without me being in the country, or does that have to wait till August when I arrive?

As far as I know, you will have to be here. Nothing can be done before that.

When can I apply for EAD

May be a newbie question, I'm from india and I just got my I-140 approved in EB2, Can i file my I-485 as pending or do i need to wait for the date to be current. Is there any way to get ">EAD so that my spouse can also work?

This is a newbie question. :-) I-485 cannot be filed till PD is current and EAD cannot be obtained until I-485 is filed. H-1 is one obvious way for her to work.

Pending I-485 and marraige

Currently My I-485 is pending and I-140 is approved last Year (2009) january My ">PD 05/29/2007. I am working using my ">EAD and change my job last year I don't have my H1B. I filed my I-485 as single, but I will get married to my Girlfriend (Germany). She come here Last November with waiver visa (stay up 90days),
Now she is thinking to come back using F1 visa a students instead re-entry using waiver visa which she can't change her status anyway). If I get married, can I put her name under my petition (file I-485 for her) ? and apply EAD also with her Travel documents ?

If your priority date is current, you can file her AOS as long as she is legally in the US. I just have an issue with using F-1 visa to accomplish this purpose. Please consult with a lawyer about the details.

F1 and OPT Expired but 60 days not up

I have a Bachelors degree and a Masters degree from the US. My ">EAD from my masters degree recently expired and the 60 days is almost up. I dont want to go back to school or go back to my home country. If i do find an employer willing to file for a green card based on EB2, will have to go back to school to maintain my status while the green card is in process or will my status change once the paper work is turned in?

This is a common misunderstanding. Starting a PERM-based green card does not give you the right to stay in USA.

AOS and EAD

I have been in AOS since Sep 2007. I have a ">EAD and now a new opportunity hit the door to move to another company, same functions but much better pay, arounf a 40% increase. I also got married to a US citizen. My dilema now is should I take the job? my actual employeer may get angry, so could he do something to screw my case? should I re-apply through a spouse? is something the new employer can do so I can be safe? I don't want to bother new employer, but could he eventually at least help so I can keep my actual status until AOS is approved.

It looks like you have several options. Once 180 days of AOS pendency are over after I-140 approval, usually employers cannot hurt you. Speak with a lawyer.

EAD restriction for 245i

I applied for GC through 245i. I currently have a valid ">EAD. I140 approved. and I485 pending. Its for future employment. Can I work for a non related (not related to my labour) until my 485 is approved?

Theoretically, there is nothing wrong with that, but speak with your lawyers. In my view, not working for the future employer raises issues like is there a job, do you really want to work for this employer, etc.

EAD - Job title change on the same job

My wife and I am on ">EAD and also both have H1B (I am in my 8th year of H1B and wife is in 5th year as teacher). Our EAD is based upon my job in EB3 category in IT as System Analyst/Administrator, my priority date Aug'2003. Last year I have completed MBA in Finance and can now work as a Project manager within the same company. Can I change my title to Project Manager or IT Manager and also can I change my profile now to work in Investment Company or any other non-IT field in the same company I am already working. As these delay of getting green card are actually causing problem in my career.

If you change your field/job description, it is very likely that you have to start your green card all over again. You should be able to carry the same priority date, but the PERM/I-140 may have to be done again.

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