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How can an H-4 visa holder work with a pending I-485?

I live in the U.S. with an H-4 visa. My H-4 visa does not come with an EAD card so I cannot work. Recently, our I-526 got approved and we are preparing to submit an I-485. Am I eligible to work when our I-485 is pending or do I have to wait until a conditional green card is issued?

Answers

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    When you file the I-485 applications, you can also apply for employment authorization. After you receive the employment authorization card, you will be able to work.

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    Sarah A Schroeder

    Immigration Attorney
    Answered on

    You can submit an application for a work permit along with your I-485 (on Form I-765) and once that is issued to you, you can work until you receive your conditional green card.

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    Robert West

    Immigration Attorney
    Answered on

    Once you receive an EAD, you can work. Not before, though.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    When you file your I-485, one of the forms you should file is to get employment authorization. It normally takes 90 to 120 days and they will send you a work card. Then you can work. Not before then.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    You can file for a work permit with your 485.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The I-485 filing packet includes an I-765 work authorization application and the I-131 travel permit application. Within about 90 days of filing and an ASC appointment to take your biometrics, you should get the EAD/travel combo card that is valid for one year based on the I-485 pending application. This card will allow you to work. Please note that once you use this card to work or travel, you are giving up your H-4 status and your status will be only AOS pending status. In case that your AOS is denied for any reason, you will not have another status to fall back on, although chances this could happen may be low.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    With the I-485 it is routine to also submit and I-765 for a work permit and I-131 for a travel permit (no extra cost). Once those are approved, you can work and travel.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Yes, speak with your investment immigration attorney. When he or she submits your I-485 your application for advanced parole and EAD will also be submitted. As soon as you have your EAD, you can be employed while your I-485 is pending approval.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    You have to file an application for employment authorization based on the I-485. If you file the forms together, there is no application fee for the EAD application.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Once you file I-485, you also file I-765 and I-131 to receive a combo card containing employment authorization and travel authorization that is renewable in one-year increments until your I-485 is adjudicated. Ensure a lawyer prepares your I-485 packets to avoid costly mistakes.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You should file I-765 as part of the I-485 to request an EAD card. With a pending I-485, you are effectively transitioning just like any applicant for adjustment of status.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Yes. You can file I-485 together with employment authorization document. This way, as soon as your work authorization is approved, you can begin to work. You won't have to wait until your conditional green card is approved.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You must file an I-765 with your I-485 and you will get work authorization in about four to five months. If you are employed for one day without work authorization, your adjustment can be denied.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    H status are actually "dual intent," so you can continue to use the H status. If you submit the I-485 and want to work as a pending immigrant, you also have to request a new employment authorization document along with it. The I-485 by itself won't allow for work, but you can get work authorization as a pending immigrant.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    When you file the I-485 application, you should also file for an employment authorization document (a "work permit"). When this is issued, you are authorized to work in the U.S. while your I-485 is pending.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    An H-4 visa applicant who, along with the principal beneficiary of an EB-5 petition on Form I-526 can apply for adjustment of status, provided that he is in lawful status once visa numbers are available and can contemporaneously therewith file and application for a combined employment authorization document (EAD) and advance parole, which is a form of travel document. Same are normally issued in approximately four months from the date your file your application for adjustment of status, thereby making the H-4 visa holder eligible for employment while waiting for the final approval of his application for adjustment of status.

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