If you use an EAD that is based on your pending I application, your visa status may be affected. For this reason it is important to consult with an experienced attorney before using the EAD if it is based on your pending Adjustment of Status application.
A person who has filed for an I and who uses an EAD will lose valid non-immigrant status. While waiting to adjust status to permanent resident in the U. How Do I Get U. Employment Authorization? What Is the Fee for Filing an I? Isn't Filing Form I Optional? If you have an adjustment of status application pending and are working, however, your employment is not authorized unless: you have filed Form I for a work permit an "EAD" , or. Timeframe to Get a Nonimmigrant U.
Talk to a Lawyer Need a lawyer? Start here. You may not apply for a work permit if you live abroad. There are other factors to consider before and after obtaining a work permit.
Read on for answers to some common questions. If you already have a valid work visa, such as an H-1B or L-1 visa, you can continue working in the United States even while your green card application is being processed. For relatives of U. Relatives of green card holders , however, must wait until they are eligible to file their green card application before they apply for a work permit.
How long will I wait for the work permit? Your work permit will arrive within five months — up to seven months , in some cases — after U. Until recently, the typical processing time for a work permit application was 90 days, but a growing backlog has caused additional delays.
Relatives of green card holders must wait for a visa number before filing the I, which means they must wait an additional 19 to 25 months. Relatives of U. Can my U. Your relative may not file a work permit application on your behalf. You, the family member seeking the green card, must sign the work permit application Form I yourself. If an alien holding H-1B or L-1 visa wishes to travel outside the U. However, there is always the risk that the visa application may be denied at the consulate.
We therefore recommend that the alien have an approved AP prior to leaving the U. If an alien is approved for AP prior to leaving the U. If the petition is approved, the parolee status is terminated and the alien is considered to be admitted in the relevant nonimmigrant classification. It should be noted that in the second scenario, if upon returning to U. If the I application is denied, the alien may not be able to lawfully stay in the U.
Aliens with EAD are eligible to work in the U. For purpose of this discussion, the initial EAD application Form I can be filed concurrently with the I or at any time while the I is pending.
An alien possessing a valid EAD can work for any U.
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