When I apply for my AOS should I also apply for my EAD or does this process include this application?

[DJ Shane 0]

I have read so many different accounts.

On one hand they say that you should file for a EAD although this process takes the same amount of time to process after which you have that status to work anyway.

I am confused. Please help me understand the right way to do this.

[YecaCruz 379]

Generally (although every case is different) if you file the EAD and the AP along with the AOS, the EAD and AP take anywhere from 3-4 month (sometimes sooner) to get approved. The AOS, on the other hand, is closer to 6-8 months (sometimes longer, and if you are lucky, maybe shorter).

It's certainly hard to know what to do. For my husband and I's case, we went ahead and filed all three. You just never know how long it will take to actually get the greencard and my husband is not someone to sit at home and do nothing lol.

PLUS you are certainly not LOOSING anything (fee-wise) by filing those when you file to Adjust your Status. If you decide to file later, however, there is a fee with that so that's something to think about

[Pitaya 2,577]

~Moved from K1 Process to Fam.-based AOS Forum~

~Inquiry about AOS-related processes, past K1~

(mod hat off)

Check out this informative USCIS link regarding concurrent filing: https://www.uscis.gov/i-485 . Additionally this topic is frequently discussed at the AOS forum.

Good luck on your immigration journey.

[KayDeeCee 4,896]

The fees for the I-765(EAD-work authorization) and I-131(AP-advance parole for travel) are waived when filed with a pending I-485, so include both of those too. It takes about 60-90 days(or slightly longer lately) to receive the EAD/AP combo card, which will allow you to work(along with an SSN) and re-enter the US when traveling abroad while waiting for the green card approval.

While the green card could be processed before or around the same time, that is not always the case. You would want to have the EAD/AP in case your green card takes time to be approved.

[yuna628 9,717]

I have read so many different accounts.

On one hand they say that you should file for a EAD although this process takes the same amount of time to process after which you have that status to work anyway.

I am confused. Please help me understand the right way to do this.

I think the question is why not file for it anyway? Afterall if you file for it in your adjustment of status application the fees for the EAD+AP were waived. You should receive the card within 90 days, and then you'll be able to work, otherwise you'll be stuck waiting on the Green Card.. and that amount of time could be a long wait.

[POM 21]

As others have said, the pros outweigh the cons for this one.

I would file the EAD/AP with the I-485 to take advantage of the fee waiver and the ability to obtain your SSN/State ID and work when the EAD comes in(which takes much less time than the green card approval).

[Fr8dog 312]

As a K-1 person, you can file for an EAD at three stage:

- EAD upon entry in to the US (K-1 based)

The reason you see people saying don't bother with it, is that it takes approx 90 days to get it so by than you k-1 stay has expired and you won't get it or are not able to use it. and it will cost you money.

- with applying based on AOS.

Takes about 90 days to approve, There is no fee for the EAD when you file jointly with the AOS. Your EAD will be valid for one year or until the green card arrives (green card trumps the EAD). And it can be renewed should you not receive your green card in that year.

- Any time after sending in the AOS package.

Again it will take approx 90 days, but now you again have to pay the filing fee (and it's not cheap)

The same thing applies for the AP.

So since it costs no extra money and it are just a few forms, I suggest you get both the EAD and AP filed with the AOS package.

Edited March 11, 2016 by Fr8dog

[newacct 688]

- Any time after sending in the AOS package.

Again it will take approx 90 days, but now you again have to pay the filing fee (and it's not cheap)

No, you don't.

[Fr8dog 312]

 

No, you don't.

 

From the USCIS website;

Q5. How much does this card cost?

A5. If you submitted an application for adjustment of status on or after July 30, 2007 (or on or after August 18, 2007, for employment-based cases), you will pay only one fee to file Form I-485, Form I-765 and Form I-131. The fee for Form I-485 is $1,070, ($985 plus $85 biometric fee), and there is no separate fee for Forms I-765 and I-131 associated with a Form I-485. For those cases that were filed under the old fee structure, the costs for this card will equal the combined costs of filing Forms I-131 and I-765, which is a total of $740. Visit www.uscis.gov/fees for more information.

To me that sounds like you have to file them together, but you could be right and be allowed to sent them in separate.

[newacct 688]

   

From the USCIS website;

Q5. How much does this card cost?

A5. If you submitted an application for adjustment of status on or after July 30, 2007 (or on or after August 18, 2007, for employment-based cases), you will pay only one fee to file Form I-485, Form I-765 and Form I-131. The fee for Form I-485 is $1,070, ($985 plus $85 biometric fee), and there is no separate fee for Forms I-765 and I-131 associated with a Form I-485. For those cases that were filed under the old fee structure, the costs for this card will equal the combined costs of filing Forms I-131 and I-765, which is a total of $740. Visit www.uscis.gov/fees for more information.

To me that sounds like you have to file them together, but you could be right and be allowed to sent them in separate.

https://www.uscis.gov/i-485

Please note that, if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms together. If you choose instead to file Form I-765 and/or Form I-131 separately after July 30, 2007, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of that you filed a Form I-485.

[Fr8dog 312]

I was looking for that page, but somehow couldn't find it. I'll correct the original

[KayDeeCee 4,896]

- Any time after sending in the AOS package.

Again it will take approx 90 days, but now you again have to pay the filing fee (and it's not cheap)

This is incorrect. There is no fee for the I-765 and I-131 if filed with the I-485, or separately while it is still pending. You simply send a copy of the I-485 receipt notice when filing. Please read the instructions for both forms.

[Unidentified 2,930]

Definetly doesn't hurt to get the EAD/AP while waiting for your Green Card. Sure many people have gotten their GC pretty quick but some also have to wait a year for it. So you could risk not being allowed to work for a year. You could also risk not being able to travel out of the country. You might think "But I'm not planning on travelling outside the US..." Well, you never know what will happen, family members could get sick. And it's nicer to be able to leave the US quickly instead of having to wait for USCIS local office to open so you can go ask for an Emergency AP.

[Abby&Colin 40]

  

From the USCIS website;

Q5. How much does this card cost?

A5. If you submitted an application for adjustment of status on or after July 30, 2007 (or on or after August 18, 2007, for employment-based cases), you will pay only one fee to file Form I-485, Form I-765 and Form I-131. The fee for Form I-485 is $1,070, ($985 plus $85 biometric fee), and there is no separate fee for Forms I-765 and I-131 associated with a Form I-485. For those cases that were filed under the old fee structure, the costs for this card will equal the combined costs of filing Forms I-131 and I-765, which is a total of $740. Visit www.uscis.gov/fees for more information.

To me that sounds like you have to file them together, but you could be right and be allowed to sent them in separate.

As long as I-485 is pending you can get EAD and AP for free !