EAD

[Nana098 18]

Hi VJ's

 

My sister entered with an B1 visa on 2011, never renewed. she got married with an US citizen a couple months ago, and now she wants to apply for a permanent residence.

 

A paralegal is helping her with the papers and forms that they need to file, my question is: does my sister need to apply for a new EAD or just renew it?

 

Thanks in advance.

[Just Paul 4,591]

11 minutes ago, Nana098 said:

Hi VJ's

 

My sister entered with an B1 visa on 2011, never renewed. she got married with an US citizen a couple months ago, and now she wants to apply for a permanent residence.

 

A paralegal is helping her with the papers and forms that they need to file, my question is: does my sister need to apply for a new EAD or just renew it?

 

Thanks in advance.

EADs are not issued to spousal visa holders.   A green card will be issued after entry.

 

A B1 holder would typically not have an EAD.

 

Is your sister in the US or somewhere else?

 

If she is in the US the  she needs to file a complete AOS with EAD,AP and I-864, 130/130A, and I944 package and that will get he a new EAD. 

Edited May 15, 2020 by Paul & Mary

[Scandi 3,970]

She entered on a tourist visa and haven't filed for adjustment of status yet. You're talking about "renewing the EAD", how did she get an EAD in the first place?

[Just Paul 4,591]

1 minute ago, Scandi said:

She entered on a tourist visa and haven't filed for adjustment of status yet. You're talking about "renewing the EAD", how did she get an EAD in the first place?

B1 isn't tourist.  There are some corner cases where a B1 holder does need a EAD.  She could have been a domestic /personal worker.  Check out the last dropdown.

 

https://www.uscis.gov/working-united-states/temporary-visitors-business/b-1-temporary-business-visitor

  

 

[Scandi 3,970]

8 minutes ago, Paul & Mary said:

B1 isn't tourist.  There are some corner cases where a B1 holder does need a EAD.  She could have been a domestic /personal worker.  Check out the last dropdown.

 

https://www.uscis.gov/working-united-states/temporary-visitors-business/b-1-temporary-business-visitor

  

 

Ah, that makes sense. Thanks. 👍

 

The lawyer should be able to answer each and everyone of her questions. If not, move on to another lawyer or file on her own. 

Edited May 15, 2020 by Scandi

[Nana098 18]

2 hours ago, Paul & Mary said:

EADs are not issued to spousal visa holders.   A green card will be issued after entry.

 

A B1 holder would typically not have an EAD.

 

Is your sister in the US or somewhere else?

 

If she is in the US the  she needs to file a complete AOS with EAD,AP and I-864, 130/130A, and I944 package and that will get he a new EAD. 

She overstayed

[Nana098 18]

2 hours ago, Paul & Mary said:

B1 isn't tourist.  There are some corner cases where a B1 holder does need a EAD.  She could have been a domestic /personal worker.  Check out the last dropdown.

 

https://www.uscis.gov/working-united-states/temporary-visitors-business/b-1-temporary-business-visitor

  

 

Exactly, she entered like  a domestic /personal worker

[Just Paul 4,591]

3 minutes ago, Nana098 said:

She overstayed

Ok so lots of paperwork.  Concurrent filing.

 

she needs to file a complete AOS with EAD,AP and I-864, 130/130A, and I944 package and that will get he a new EAD.

 

Guides are all on this site except for the I-944 which is a real pain.

Edited May 15, 2020 by Paul & Mary

[Ontarkie 13,913]

~~Moved to AOS from Work, Student & Tourist Visa, from IR1/CR1 P&P~~

[Nana098 18]

On 5/15/2020 at 10:36 PM, Ontarkie said:

~~Moved to AOS from Work, Student & Tourist Visa, from IR1/CR1 P&P~~

I posted in that form because she is going to apply to update her status based on marriage.