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Am I eligible to have EAD?

Employment 2 views 3 answers
Hi, My husband has a job offer from USA company and the company is going to support him for green card in EB2 category. My question is if we apply form I-145, am I eligible to have EAD or we need to have USA visa (like H1b,H4,O1,..) at the same time? If I be in O-3 visa status, am I eligible for EAD after applying the I-145 form? Because I heard from a lawyer that only H4 holders can have EAD during the green card process. Thanks

Attorney Answers

3
Adan Vega ·
If you qualify to file the FORM I-485, you can request the employment authorization document (EAD). Whether you currently hold the 0-3 status or the H-4 status is inconsequential. You, however, must be in lawful status at the moment you file the FORM I- 485.
0 upvotes
Hany Brollesy ·
It seems that you are confusing different parts of the permanent residence process. An H-4 can apply for an EAD in certain circumstances, when the H-1B is in the permanent residence process. Any dependent, however, if lawfully in the U.S., can apply for an EAD when they file for I-485. The I-485, however, is at the last step of the permanent residence process, and depending on the route taken to permanent residence and your country of birth, it can take several years before you can file for I-485.
0 upvotes
Hector Quiroga ·
You can apply for a work authorization at the same time you file the green card application.
0 upvotes

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