K3: Apply for EAD Before or After Applying for AOS?

[Yodrak 7]

It dawns on me that with the new fee structure a K3 adjustment applicant has a tougher decision to make about when to apply for employment authorization.

Presently there is a potential benefit to a K3 for applying for EA prior to applying for adjustment - the EA will last until the authorized stay in the USA ends, 2 years from entry. Twice the time for the same amount of money and no hassle of renewing should the adjustment processing take more than a year.

Under the new fee structure a K3 who wants the longer period of EA will have to pay a significant cost penalty for it - a tough call in districts where AOS process may take about a year, and worth avoiding the hassle of renewal or not in districts where AOS is sure to take longer than a year?

Yodrak

[Johnnie Oz 0]

It dawns on me that with the new fee structure a K3 adjustment applicant has a tougher decision to make about when to apply for employment authorization.

Presently there is a potential benefit to a K3 for applying for EA prior to applying for adjustment - the EA will last until the authorized stay in the USA ends, 2 years from entry. Twice the time for the same amount of money and no hassle of renewing should the adjustment processing take more than a year.

Under the new fee structure a K3 who wants the longer period of EA will have to pay a significant cost penalty for it - a tough call in districts where AOS process may take about a year, and worth avoiding the hassle of renewal or not in districts where AOS is sure to take longer than a year?

Yodrak

Interesting thoughts. While the EA is more than now, won't it be worth it if you work until your CR1-IR1 is approved? Guess it depends on the price of the plane ticket: for Canadians and Mexicans who can drive to interview this seems like an option.

Pay more for EA, $340, work until IR/CR-1 clears, then head over to consulate. I guess you might also have to pay to lift hold on I-130. But if that can be avoided....

In the end, this may be cheaper than filing for AOS under new fees.

Saw that you've addressed this issue before, Yodrak, ie that it most likely won't worth it to return to home country to finish IR/CR 1 visa process. Also I see that the new I-824 is being hiked as well, so I guess it won't be worth for most. Still, it might be quicker route to PR though and not much more expensive.

Edited May 31, 2007 by Johnnie Oz