EAD Card based on sponse's 485 application

[goodluck123]

What is the name of your state (only U.S. law)? CA

Attorney Lana,

My husband is applying the Green Card and currently the priority date is getting closer. He will include me when file the 485 and apply the EAD card at the same time.

My H1B will reach the 6 years limit in Nov 2010. Do I must get the approved EAD card to continue my employment beyond Nov? Or as long as I receive the EAD application receipt, I can show it to HR and continue my employment.

Thank you so much for your time and help.

 

[ImmigAttyLana]

No the EAD receipt notice is insufficient for employment authorization. You must get the actual EAD in order to work lawfully. However, you may be able to extend your H-1B status beyond the 6 years by recapturing time you may have spent outside the US over the course of the last 5.5 years. It may be enough for you to take you from that to the time you actually have the EAD. Keep in mind that the EAD takes about 60-90 days to get after filing.

Please let me know if you have any additional questions at this time.

 

[goodluck123]

Dear Attorney Lana,

Thank you for the reply and the advice.

I checked the USCIS website. It sounds that the 485 and EAD application can be filed at the same. Is it true?

Once the EAD card get approved, can I work lawfully based on EAD immediately? Somebody said that to work based on approved EAD, a person has to wait 180 days after 485 filed.

Thank you so much!

 

[ImmigAttyLana]

Yes, the EAD is filed typically with the I-485 at the same time. As soon as the EAD is approved, you can work. The 180 day rule is for something completely different.