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  • Eb2-niw-ead

    Hi!

    I am currently on F1-OPT and have applied for I-140/I-485 concurrently in July 2007. Mt F-OPT expires in August. Should I apply for EAD from I-485 category.

    Thanks

  • #2
    You should if you want to continue working after F-OPT ends and you do not plan to/can't apply for some work visa such as H1.

    To work you need work authorization in the form of EAD/Work Visa/GC etc.

    Experts,

    Is there a problem in expressing immigrant intent (filing I-140 and I-485) on F1 status? Just for my knowledge. I guess not in this NIW cases. Probably?
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

    Comment


    • #3
      It is a gray area. F1 status is no longer supposedly active upon applying for a I485. One becomes a parolee and should not use the F1 benefits.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment


      • #4
        Thanks!

        My EAD got approved!!

        Comment


        • #5
          Originally posted by nbansal View Post
          Hi!

          I am currently on F1-OPT and have applied for I-140/I-485 concurrently in July 2007. Mt F-OPT expires in August. Should I apply for EAD from I-485 category.

          Thanks
          Hello bansal,
          Did you apply I-140 and I-485 concurrently under EB2NIW? Was your priority date current?
          I'm also in same boat and I read somewhere that, we cannot file I-485 while our priority date is not concurrent under EB2NIW, and your case contradicts that.
          So, could you please share your case here for people needing information like me?

          My questions are as follows:

          1) Can we file I-140 and I-485 concurrently under EB2NIW, even priority date is not concurrent(I'm from india which has a huge backlog)?
          2)While I-485 is pending which will be because of backlog, what needs to be done when you near OPT expiration?

          Comment


          • #6
            Originally posted by vish89 View Post
            Hello bansal,
            Did you apply I-140 and I-485 concurrently under EB2NIW? Was your priority date current?
            I'm also in same boat and I read somewhere that, we cannot file I-485 while our priority date is not concurrent under EB2NIW, and your case contradicts that.
            So, could you please share your case here for people needing information like me?

            My questions are as follows:

            1) Can we file I-140 and I-485 concurrently under EB2NIW, even priority date is not concurrent(I'm from india which has a huge backlog)?
            2)While I-485 is pending which will be because of backlog, what needs to be done when you near OPT expiration?
            1. Your EB category does not matter. In fact it does not even matter whether it is EB or family based. In order to file I485, your PD has to be current.
            2. See answer above. An approved I140 is useless in your situation. You would need to have a H1. If you have a H1, you can file for its renewal until your PD becomes current, when you can file your I485.
            Just an opinion; Not legal advice.

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