Confused about when to file for EAD

[dan_m 0]

Hi, we are doing a concurrent filing for my wife who is here on a J1 visa which expires next April. We filed our I-130 and our I-485 concurrently in October and we just found out that we will have our interview in mid December. In the mean time, my wife talked to the international center at her work (a university) and they told her that we messed up and that we should have filed for the EAD and that it could be a big problem because the EAD can take so long to process, so she might not be able to work for a period of time.

So my question is, are we in big trouble? Should we try to file for the EAD immediately? Also, why exactly does she need a EAD if she is on a J1 visa already? Is the EAD supposed to cover her while the green card is pending, or will she need the EAD even after she gets her greencard?

Also, to throw a little more confusion in here, we heard that if we think we need to travel during the processing of the 485, we should file for Advance Parole? We need to travel in March, so should we file for the Advance Parole right away too, so we have it just in case we need it?

Thanks in advance for the help, I hope someone out there can shed some light on the situation...

[gstrength 20]

Hi, we are doing a concurrent filing for my wife who is here on a J1 visa which expires next April. We filed our I-130 and our I-485 concurrently in October and we just found out that we will have our interview in mid December. In the mean time, my wife talked to the international center at her work (a university) and they told her that we messed up and that we should have filed for the EAD and that it could be a big problem because the EAD can take so long to process, so she might not be able to work for a period of time.

So my question is, are we in big trouble? Should we try to file for the EAD immediately? Also, why exactly does she need a EAD if she is on a J1 visa already? Is the EAD supposed to cover her while the green card is pending, or will she need the EAD even after she gets her greencard?

Also, to throw a little more confusion in here, we heard that if we think we need to travel during the processing of the 485, we should file for Advance Parole? We need to travel in March, so should we file for the Advance Parole right away too, so we have it just in case we need it?

Thanks in advance for the help, I hope someone out there can shed some light on the situation...

If her visa expires on april, she will not be able to work after that,unless,she gets an EAD. Also, I believe that because of the conditions under a J1 visa, you might need a waiver, better to consult an attorney. Good luck

[Harpa Timsah 13,258]

If you have your interview in December, then you should have your GC soon thereafter. If there is an issue with your case, and you are not approved at interview, then you can file EAD and AP then. Or, you can file EAD and AP now, based on the pending I-485. They are free so there is no downside. However, they might end up redundant because if you have a GC you don't need those things to work or travel.

Edited November 19, 2012 by Harpa Timsah