I have applied for an EB-5 I-526 in Nov 2019. Currently I am in the US on an H-1B visa. Since I am eligible for concurrent filing, I will be applying for an I-485 and I-131 based on my pending I-526. Can I apply for an EAD along with the I-485, or do I need to wait until the I-526 is approved?
Answers
Belma Demirovic Chinchoy
Immigration attorneysIf you are eligible to file I-485, then you are eligible to file I-765.
Bernard P Wolfsdorf
Immigration attorneysYou can apply for an EAD with your I-485, if your priority date is current.
Micol Mion Gordon
Immigration attorneysYou can apply for an EAD by filing Form I-765 jointly with Form I-485. The category for your eligibility for the I-765 is C9.
Julia Roussinova
Immigration attorneysYou may apply for EAD when filing I-485 and I-131. You need to file I-765.
Carolina Kripinski
Immigration attorneysYou can file for the work authorization (Form I-765) concurrently with the I-485 and the I-131. You do not need to wait for the I-526 approval. This is one of the improvements of the EB-5 program.
Benjamin Hu
Immigration attorneysYes, the I-765 can be filed along with the I-485, or after the I-485 has been filed. If the I-765 is submitted after the I-485 has been filed, the applicant should take care to cite the I-485 case number, as well as paying close attention to the filing fees. EAD applications filed at the same time as I-485 usually do not have a separate filing fee - but an I-765 filed afterwards usually does require a filing fee. It is best to consult with an immigration attorney to avoid errors in filing.
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