I-765 EAD what should I choose ?

[Ben & Heidy 1]

Good afernoon everybody,

I just received my K-1 visa and I am starting filing every forms I-485, I-765,.. to be ready and send as soon as possible the applications.

I'am not in the US yet (so not married).

I am currently discussing with a company for a job. I was not expecting to find a job before coming but, now here I am, there is this job so I try to find what is the best solution for me to be able to work as soon as I arrive.

I have found on VJ that the stamp on the I-94 does not work.

I need to apply for an EAD.

When filing I-765, I saw that there is two ways to ask for an EAD:

- as a K-1, section a6

- with the adjustment of status, section c9

I was expecting to file with section C9, in the same time as the I-485 application. this should take 3 months (or 73 days) from the time I send the application. my question is how long will be my EAD ? 2 years ? 3 months ? until the green card is issued ?

If I file with section a6:

1/ Will I receive the EAD faster than filing with section c9 ? how many times will it take to receive it ?

2/ WIll this autorize me to work only until the end of my K-1 visa ? (90 days) ? or until when if different ?

3/ Where should I file/send this EAD ? internet, chicago lockbox ?

4/ will I be able to ask another EAD under section C9 wif this one will expirate in 90 days ?

5/ If I file the I-765 along with the I-485 form, and if I have a RFE that only concerns the I-485 (for exemple if i need an I-693 medical form), will this also delay the EAD ?

If the company says me that it is ok to hire me, what solution should I choose ?

I am worried that, if my EAD under section C9 is not approved and sent within 3 months (for any reason, delays, request for evience,...), the company would not have trust in my application. So the faster I have an EAD, the more confident they will be.

I hope that I have well explained my case.

thank you for the attention you paid to my post, it is very kind.

Have a good day all,

Ben

Edited August 22, 2010 by Ben & Heidy

[JimVaPhuong 4,863]

1. Hard to say. It may be faster, but probably not by much.

2. Yes. You will only be authorized to work until your I-94 expires.

3. Phoenix or Dallas lockbox, depending on where you live. You only send it to the Chicago lockbox if you're sending it with your I-485, or after receiving the NOA1 for your I-485.

4. Yes. In fact, after filing under (a)(6) you can only seek a replacement for the (a)(6) based EAD, or a new EAD based on (c )(9).

5. No, not generally. An RFE for the I-485 should not normally delay the processing of the I-765.

If you decide to pursue an (a)(6) based filing there's a good possibility there will be a gap in your employment authorization. Most people don't get an approved EAD before their I-94 expires. My wife got hers five days before the green card interview, which was more than 2 1/2 months after filing the AOS packet. Still, if you marry and file REALLY fast, it might be possible.

[Ben & Heidy 1]

1. Hard to say. It may be faster, but probably not by much.

2. Yes. You will only be authorized to work until your I-94 expires.

3. Phoenix or Dallas lockbox, depending on where you live. You only send it to the Chicago lockbox if you're sending it with your I-485, or after receiving the NOA1 for your I-485.

4. Yes. In fact, after filing under (a)(6) you can only seek a replacement for the (a)(6) based EAD, or a new EAD based on (c )(9).

5. No, not generally. An RFE for the I-485 should not normally delay the processing of the I-765.

If you decide to pursue an (a)(6) based filing there's a good possibility there will be a gap in your employment authorization. Most people don't get an approved EAD before their I-94 expires. My wife got hers five days before the green card interview, which was more than 2 1/2 months after filing the AOS packet. Still, if you marry and file REALLY fast, it might be possible.

Perfect Gentleman, thank you for these answers.

So my best choice is to file really fast the application.

By the way, how long an EAD (under section C9) authorize you to work ? when does it expire ?

[engineer21 51]

Perfect Gentleman, thank you for these answers.

So my best choice is to file really fast the application.

By the way, how long an EAD (under section C9) authorize you to work ? when does it expire ?

My EAD (filed under c9 category) is valid for one year

It says 7/22/10 - 7/21/11

Not that I need it now, because it arrived the same day as my green card.

[Gingerpants 8]

So even once we're married we will still have to wait for the 90 days to pass before we can file for EAD, which will then take 3 months to process?

[JimVaPhuong 4,863]

Perfect Gentleman, thank you for these answers.

So my best choice is to file really fast the application.

By the way, how long an EAD (under section C9) authorize you to work ? when does it expire ?

One year, or until your AOS petition is adjudicated, whichever comes first. The expiration date printed on the card will be one year after the issue date.

So even once we're married we will still have to wait for the 90 days to pass before we can file for EAD, which will then take 3 months to process?

No, I think you misunderstood the OP's question as well as my answer. There are two times when a K1 may be eligible for an EAD. First, they are eligible as a K1 visa holder during the 90 days that the I-94 is valid (category a6). Second, they are eligible as an AOS applicant during the time they are waiting for their AOS petition to be adjudicated (category c9). For each of these categories there is a specific window of time when you're eligible to file, and a specific window of time that the EAD is valid. Most people don't bother to file for the "a6" EAD because there's a $340 filing fee when the I-765 is filed at this time, and the EAD is only valid until the I-94 expires, and may not even arrive before the I-94 expires. Most people just wait and send an I-765 with their AOS petition.

The OP is hoping to get to work as soon as possible. He's hoping to send the EAD application as soon as he steps off the plane using category "a6". Then, after he gets married, he'll send another EAD application with the AOS petition using category "c9". With a little luck, the first EAD will be approved and arrive within a few weeks, and the second EAD will be approved within a few weeks later. As long as both are approved before the I-94 expires then he'll not only get to start work as soon as legally possible, but he'll be able to continue working while the AOS is being decided with no gaps in his authorization.

My personal opinion is that $340 is a lot to spend just to start work sooner, especially when there's a risk the first EAD might be expired when it arrives, or it might expire before the second EAD arrives. But, if it makes the difference between potentially losing a really good job, it might be worth the risk.

[Ben & Heidy 1]

My EAD (filed under c9 category) is valid for one year

It says 7/22/10 - 7/21/11

Not that I need it now, because it arrived the same day as my green card.

lucky boy !

thanks guys for these comments.

Clearly the best way it to take one or two weeks to very well prepare the application are triple check it and send it, then all we can do is wait 3 months.

[Colleens 40]

Just be prepared that it may take more then 3 months to get EAD. I have been waiting for almost 3 months and still do not have my biometrics appointment. Some people get it within the processing time, but there have been a lot lately that have gone out of the 3 month processing time.

[Gingerpants 8]

One year, or until your AOS petition is adjudicated, whichever comes first. The expiration date printed on the card will be one year after the issue date.

No, I think you misunderstood the OP's question as well as my answer. There are two times when a K1 may be eligible for an EAD. First, they are eligible as a K1 visa holder during the 90 days that the I-94 is valid (category a6). Second, they are eligible as an AOS applicant during the time they are waiting for their AOS petition to be adjudicated (category c9). For each of these categories there is a specific window of time when you're eligible to file, and a specific window of time that the EAD is valid. Most people don't bother to file for the "a6" EAD because there's a $340 filing fee when the I-765 is filed at this time, and the EAD is only valid until the I-94 expires, and may not even arrive before the I-94 expires. Most people just wait and send an I-765 with their AOS petition.

The OP is hoping to get to work as soon as possible. He's hoping to send the EAD application as soon as he steps off the plane using category "a6". Then, after he gets married, he'll send another EAD application with the AOS petition using category "c9". With a little luck, the first EAD will be approved and arrive within a few weeks, and the second EAD will be approved within a few weeks later. As long as both are approved before the I-94 expires then he'll not only get to start work as soon as legally possible, but he'll be able to continue working while the AOS is being decided with no gaps in his authorization.

My personal opinion is that $340 is a lot to spend just to start work sooner, especially when there's a risk the first EAD might be expired when it arrives, or it might expire before the second EAD arrives. But, if it makes the difference between potentially losing a really good job, it might be worth the risk.

Okay thanks for clearing it up for me. Are there many cases of people who've successfully gotten both approved before the I-94 expired? I would hate to spend the money to get him permission to work as soon as possible, only to have it not work, but at the same time both of us need to be working to be able to afford a rent. (We've been living abroad and will temporarily be moving in with my parents when we get back in the states until we can afford to move out. He has a degree where as I'm still working on mine, thus my minimum wage salary won't be enough on its own.) So obviously we'd prefer not to the first few months of marriage living with my parents if we can help it.