EAD info please!!!

[rachaelk101 0]

Hi,

I've read a little bit about my fiancé getting employment authorization when he comes over on the I-129f visa but was wondering, can he file for this as soon as he enters or does it have to be after we are married? Also, how long does it usually take to get the ead so he can start looking for jobs? I am confused with some of the things I was reading, I read that the ead you file before you file for adjustment of status is only valid for 90 days, so does this mean its valid for 90 days after you receive it? And is it still valid when you send off the adjustment of status and he can work while his adjustment of status is pending? Also, if its only valid for 90 days and the adjustment of status takes a long time, would he then lose his job if he had one and have to wait until he has another valid ead? Thanks so much!

[LeftCoastLady 441]

Hi,

I've read a little bit about my fiancé getting employment authorization when he comes over on the I-129f visa but was wondering, can he file for this as soon as he enters or does it have to be after we are married? Also, how long does it usually take to get the ead so he can start looking for jobs? I am confused with some of the things I was reading, I read that the ead you file before you file for adjustment of status is only valid for 90 days, so does this mean its valid for 90 days after you receive it? And is it still valid when you send off the adjustment of status and he can work while his adjustment of status is pending? Also, if its only valid for 90 days and the adjustment of status takes a long time, would he then lose his job if he had one and have to wait until he has another valid ead? Thanks so much!

While you can technically apply for the EAD upon entry, it would only be valid for as long as the expiration date on the I-94. Thus, it's not recommended because he would only be able to work for a short period of time.

Instead, get married, file the Adjustment of Status (I-485) and add on the EAD (I-765) and Advanced Parole (I-131). When mailed together with the AOS form and documentation, the EAD and AP fees are waived. The EAD and AP take 60-90 days to receive.

You can read more about the AOS process in the VJ guides and on the USCIS site.

[KayDeeCee 4,903]

While you can technically apply for the EAD upon entry, it would only be valid for as long as the expiration date on the I-94. Thus, it's not recommended because he would only be able to work for a short period of time.

Instead, get married, file the Adjustment of Status (I-485) and add on the EAD (I-765) and Advanced Parole (I-131). When mailed together with the AOS form and documentation, the EAD and AP fees are waived. The EAD and AP take 60-90 days to receive.

You can read more about the AOS process in the VJ guides and on the USCIS site.

If you file for the EAD before AOS, it will cost $380 and expire when the I-94 does. It is a waste of money.

[ricnally 259]

If you file for the EAD before AOS, it will cost $380 and expire when the I-94 does. It is a waste of money.

And, I believe, by the time you get the EAD, the I-94 will likely be expired (or close to it). Somebody please correct me if I'm wrong on that.

[Harpa Timsah 13,263]

And, I believe, by the time you get the EAD, the I-94 will likely be expired (or close to it). Somebody please correct me if I'm wrong on that.

That is correct. You'd be eligible to work for just a few days for your $380.

OP: If working is important, marry quickly upon entry and and for AOS as soon as possible.