AOS from J1 - currently working - should we file for EAD as well?

[usedforspam22 23]

Just a quick questions. Before we submit the I-130 and I-485, should we apply for an EAD card now even though my spouse (the one I am sponsoring) is already working for a major US University? I'm just thinking that it might be a good idea since his employment ends in July and if we don't have the green card by then or can we just apply for the EAD now with the I-130 and I-485 in case there are delays and we don't get the green card by the spring of next year. He'll have to be on the job market again in the spring and applying for new jobs.

Thanks!

[aaron2020 11,651]

Apply for the EAD/AP with the AOS. The EAD/AP is free when filing with the AOS.

Some people are reporting that they have been waiting more than a year to get their green cards. Don't count on getting the green card by Spring.

Edited November 12, 2015 by aaron2020

[DeKi 10]

Exactly right: I personally see no downside to applying for the EAD now and this way there are no gaps in his ability to work.

(My situation was exactly like your spouse's. For personal reasons, I wasn't even planning to continue working beyond my J-1 end date this past July, but my university asked me to continue at least part time as a consultant, which sounded good, but which I would not have been able to do if I didn't have the EAD in hand by then.)

Edited November 12, 2015 by DeKi