Applying for EAD when waiting for AOS from K1 visa

[Ani_B 9]

Hi, I was wondering if anyone can answer my question. Basically, when I came over here end of last year, I didn't apply for an EAD when I was filing for AOS from K1 visa. Not anticipating the virus, I foolishly thought it would be fine to wait for my conditional green card to be able to apply for work. However, now that everything is up in the air because of the virus ( my status has been stuck as "Ready to be scheduled an interview" since February), I have no idea when I will get my interview in New York ( no idea if it will be in the city or Long Island ), and I would like to be able to be in a position to apply for internships pertaining to my degree either next year or the year after. 

My K1 visa obviously expired after whatever date that was - some time in January this year - but we filed in a very timely manner and so I am in between statuses right now. My question is, can I apply for an EAD while I am in between statuses? Or was it vital that I applied for it while my K1 visa was still valid? Am I now forced to wait until I get my conditional green card to be able to work? 

Thank you for any insight and I hope everyone is staying healthy and well during this difficult time.

 

[JonSeattle 202]

You are fine. Your status is currently (c)(9) - "pending adjustment of status", same as the other K-1's who filed for EAD with their original AOS.

 

Just include a copy of your NOA1 from your AOS as evidence of that.

 

https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/employer-information/employment-authorization

 

[designguy 1,179]

You can apply but at this point your AOS might complete before an EAD application

[Ani_B 9]

Thank you for the responses. Are the wait times usually about the same for EAD as they are for AOS, or is EAD processing usually faster? I'm just trying to debate whether at this stage it is worth applying for an EAD separately, or if I should just wait for my AOS interview, which could be at any time they have an interview slot ready. I appreciate that's a question no one can really know the answer to though.

[designguy 1,179]

EAD is usually faster but you filed the AOS a year ago already so its anyones guess if you filed the EAD now which one would get done first. Its $410 to file and find out. Also whats your field office? That can be a major factor in how quick the application is processed

[Ani_B 9]

I actually have no idea what my field office is and I was wondering how I would find out. I don't recall ever seeing any information on anything sent to me that stated where my field office would be. I can only assume it will be somewhere in New York as that is where I live? When does one usually get informed about their field office? Would it be somewhere on my NOA1 for the AOS? On my biometrics appointment, the application support center was UCIS Queens/Jamaica. Is that the same as a field office?

[AstoriaAOS 33]

1 hour ago, designguy said:

EAD is usually faster but you filed the AOS a year ago already so its anyones guess if you filed the EAD now which one would get done first. Its $410 to file and find out. Also whats your field office? That can be a major factor in how quick the application is processed

Isn’t it free to file the I-765 with pending AOS via marriage?

 

[JonSeattle 202]

55 minutes ago, AstoriaAOS said:

Isn’t it free to file the I-765 with pending AOS via marriage?

 

I think so, but only because of a last-minute court injunction that prevented changes from going into effect on Oct 2, 2020. You never know if or when that change will get re-instated. What would have gone into effect is described here: https://www.ilrc.org/sites/default/files/resources/revised_uscis_fee_increases_october_2020.pdf

[Glado 8]

11 hours ago, Ani_B said:

Thank you for the responses. Are the wait times usually about the same for EAD as they are for AOS, or is EAD processing usually faster? I'm just trying to debate whether at this stage it is worth applying for an EAD separately, or if I should just wait for my AOS interview, which could be at any time they have an interview slot ready. I appreciate that's a question no one can really know the answer to 

I applied for EAD in january and had biometrics in October (Atl). Normal wait time is 3 months to get EAD after biometrics, so it may take 1 year to get your EAD.  Cases and field offices are different so yours may be faster. Best!

 

 

[Glado 8]

1 hour ago, AstoriaAOS said:

Isn’t it free to file the I-765 with pending AOS via marriage?

 

There is a separate fee for this

[Ani_B 9]

Thanks again for all the feedback everyone, it's much appreciated. Can anyone tell me how I know which will be my field office? I had my biometrics done in the application support center in Jamaica, Queens. Does this mean that my field office will be on Long Island or will it be in New York City? I've been looking at regular wait times for both field offices on the UCIS site, but predictably, the processing / wait times are based on data from several years ago. In the current situation, I imagine there is no way for me to chase up anything to do with my case and just wait for my interview letter to be sent out when a date / time becomes available. I imagine after the closures at the start of the year they are still working through a backlog of applications / interviews. 

Edited December 1, 2020 by Ani_B

[designguy 1,179]

15 minutes ago, Ani_B said:

Thanks again for all the feedback everyone, it's much appreciated. Can anyone tell me how I know which will be my field office? I had my biometrics done in the application support center in Jamaica, Queens. Does this mean that my field office will be on Long Island or will it be in New York City? I've been looking at regular wait times for both field offices on the UCIS site, but predictably, the processing / wait times are based on data from several years ago. In the current situation, I imagine there is no way for me to chase up anything to do with my case and just wait for my interview letter to be sent out when a date / time becomes available. I imagine after the closures at the start of the year they are still working through a backlog of applications / interviews. 

https://www.uscis.gov/about-us/find-a-uscis-office/field-offices enter your zip code at the bottom to find out

 

1 hour ago, AstoriaAOS said:

Isn’t it free to file the I-765 with pending AOS via marriage?

 

If its filed at the same time

[Ani_B 9]

Thank you for the link for finding out my field office. 

[HRQX 4,145]

1 hour ago, designguy said:

If its filed at the same time

That is incorrect. What matters is that the full I-485 fee was paid: https://www.uscis.gov/sites/default/files/document/forms/i-485instr-pc.pdf (Page 18)

Filing Form I-485 with Forms I-765 and I-131

If you properly file Form I-485 and pay the required fees, you may file Form I-765 and Form I-131 without paying additional fees. You may file these forms together, or if you choose to file Form I-765 or Form I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence that you filed and paid for Form I-485.

1 hour ago, JonSeattle said:

I think so, but only because of a last-minute court injunction that prevented changes from going into effect on Oct 2, 2020. You never know if or when that change will get re-instated.

Still would have been free in OP's case: https://www.federalregister.gov/documents/2020/08/03/2020-16389/us-citizenship-and-immigration-services-fee-schedule-and-changes-to-certain-other-immigration

There is no fee for an initial Employment Authorization Document for:

(A) An applicant who filed USCIS Form I-485 on or after July 30, 2007, and before October 2, 2020, and paid the Form I-485 fee;

(B) Refugees and aliens paroled as a refugee;

(C) Aliens granted asylee status;

(D) Victims of Severe Forms of Trafficking (T-1);

(E) Nonimmigrant Victim of Criminal Activity (U-1);

( F) Dependents of certain government and internal organizations or NATO personnel;

(G) N-8 (Parent of alien classed as SK3) and N-9 (Child of N-8) nonimmigrants;

(H) Principal VAWA Self-Petitioners who have approved petitions pursuant to section 204(a) of the Act;

(I) VAWA Self-Petitioners as defined in section 101(a)(51)(D), (E), and ( F) of the Act;

(J) Applicants for Special Immigrant Status based on an approved Form I-360 as an Afghan or Iraqi Interpreter, or Iraqi National employed by or on behalf of the U.S. Government or Afghan National employed by the U.S. Government or the International Security Assistance Forces (“ISAF”);

 

There is no fee for a renewal or replacement Employment Authorization Document for:

(A) Any current Adjustment of Status or Registry applicant who filed for adjustment of status on or after July 30, 2007, and before October 2, 2020, and paid the appropriate Form I-485 filing fee.

(B) Applicants for Special Immigrant Status based on an approved Form I-360 as an Afghan or Iraqi Translator or Interpreter, Iraqi National employed by or on behalf of the U.S. Government, or Afghan National employed by or on behalf of the U.S. government or employed by the International Security Assistance Forces: And

(C) Dependent of certain foreign government, international organization, or NATO personnel.

17 hours ago, Ani_B said:

can I apply for an EAD

Yes. If you paid full I-485 fee, then I-765 filing is free. Also recommended to file I-131 at the same time. It's also free if you paid the full I-485 fee.

Edited December 1, 2020 by HRQX

[Ani_B 9]

1 minute ago, HRQX said:

That is incorrect. What matters is that the full I-485 fee was paid: https://www.uscis.gov/sites/default/files/document/forms/i-485instr-pc.pdf (Page 18)

Filing Form I-485 with Forms I-765 and I-131

If you properly file Form I-485 and pay the required fees, you may file Form I-765 and Form I-131 without paying additional fees. You may file these forms together, or if you choose to file Form I-765 or Form I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence that you filed and paid for Form I-485.

Still would have been free in OP's case: https://www.federalregister.gov/documents/2020/08/03/2020-16389/us-citizenship-and-immigration-services-fee-schedule-and-changes-to-certain-other-immigration

There is no fee for an initial Employment Authorization Document for:

(A) An applicant who filed USCIS Form I-485 on or after July 30, 2007, and before October 2, 2020, and paid the Form I-485 fee;

(B) Refugees and aliens paroled as a refugee;

(C) Aliens granted asylee status;

(D) Victims of Severe Forms of Trafficking (T-1);

(E) Nonimmigrant Victim of Criminal Activity (U-1);

( F) Dependents of certain government and internal organizations or NATO personnel;

(G) N-8 (Parent of alien classed as SK3) and N-9 (Child of N-8) nonimmigrants;

(H) Principal VAWA Self-Petitioners who have approved petitions pursuant to section 204(a) of the Act;

(I) VAWA Self-Petitioners as defined in section 101(a)(51)(D), (E), and of the Act;

(J) Applicants for Special Immigrant Status based on an approved Form I-360 as an Afghan or Iraqi Interpreter, or Iraqi National employed by or on behalf of the U.S. Government or Afghan National employed by the U.S. Government or the International Security Assistance Forces (“ISAF”);

Yes. If you paid full I-485 fee, then I-765 filing is free. Also recommended to file I-131 at the same time. It's also free if you paid the full I-485 fee.

Thank you for this information and the links to back it up. I paid the I-485 fees and filed end of December 2019, so it looks like I shouldn't have to pay the fee. My only thought now is if I should just wait for my AOS interview ( which was ready to be scheduled since February ) or if I should apply for EAD separately and hope that it somehow gets processed faster. My field office looks like the Long Island and it looks like the processing times are typically ( pre virus times ) 15 - 39 months. I don't know if that's from when I filed for AOS or when the field office receives my case after biometrics. If so, my biometrics was in January this year.  In comparison, I just looked at the processing times for National Benefits Center for EAD and it said about 5 - 7 months, so I'll either wait or try and apply.

I wonder what happens once I get the conditional green card. Would that then make the EAD redundant and I would use my conditional card information instead for applying for work etc?