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Morningmist

H1B and EAD

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I came here to the States as a student in 2004 and currently I am on an H1 that is about to expire in December. During 2007 I had to apply for my EAD for OPT and I received it and only used a few months of it before my H1 kicked in.

My company has applied for employment based GC, but I am currently waiting for my priority date to get current. I recently got married and applied for my AOS based on marriage by end of March 2013 and I had my bio-metrics on April 23rd. I went on the March filers thread and I noticed that people who sent their package after I did already received their EAD. My EAD is on Initial review right now and hasn't budged. I noticed while reading a lot of threads that some other H1B visa holders didn't receive their EAD and were scheduled for interview before they received their EAD.

My AOS i-485 is in testing and interview.

My i-130 is still on initial review

My i-785 is still on initial review.

My question is:Do they generally not send out the EAD for marriage based GC holders when the beneficiary is on an H1? Or is it because I used EAD for OPT back in 2007 that I am ineligible for EAD now?

My field location is Atlanta, GA. I don't know if I should be worried or not.

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My question is:Do they generally not send out the EAD for marriage based GC holders when the beneficiary is on an H1? Or is it because I used EAD for OPT back in 2007 that I am ineligible for EAD now?

No, no, and no.

Your understanding isn't correct here.

Your EAD app has nothing to do with your H1B.

Your former EAD has nothing to do with this one.

These items are not linked in any way.

Expect your EAD 90 days from filing. It doesn't sound like it has been 90 days yet. It sounds like it has been less than 60 days. It's not even the end of May yet. If you are not approved by 90 days, then call and ask for a service request on it.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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