Selected as best answer Posted on Aug 17, 2014 It is best to have your attorney do the EAD as well, since the attorney is helping you with the I-589 process. You want to make sure the documents you file with USCIS are consistent and that both you and the attorney are on board with what has been filed and asserted in your case.
Full Answer
You need the assistance of an experienced immigration lawyer with any Employment Authorization Document issues. The application process for an EAD is complex.
People eligible to apply for an EAD: Spouses of specific employment-based nonimmigrant visa holders (E1, E2, and certain H-1B visa holders) F1 students who are part of an OPT (Optional Practical Training) program. People who are eligible for Deferred Action for Childhood Arrivals (DACA) K1 visa holders.
the USCISCommonly referred to as an EAD Card, the Employment Authorization Document is issued by the USCIS to individuals who have been granted permission to work in the United States. Foreign nationals in a number of different immigration statuses may be eligible to apply for employment authorization.
In the case of EAD's, people often wonder if they need an employer to sponsor them. Employer sponsorships are not required as part of the process to obtain an EAD.
The good news is that this is a relatively straightforward process, as with the initial application. First, you should ensure that you are still eligible for the EAD. If you are not eligible, then your application will not get processed and you will have wasted significant time.
From point of approval, USCIS says it can take 30 days beyond to receive your EAD card; however, most cards arrive within 7-10 days after approval. In total, it is likely for your OPT application to take 90-120 days.
So, USCIS may now issue separate Employment Authorization Documents (“EAD”) cards and Advance Parole Document (“APD”) travel documents to AOS applicants versus the prior combination card.
What Happens After You Receive Your Green Card? When USCIS approves your application for permanent residency and issues a Green Card, your EAD will automatically expire. Permanent residents do not need employment authorization, as their Green Card serves as proof of their authorization to work in the United States.
So an EAD and a GC EAD provide the exact same legal status and protections, the only difference is that one specifically refers to green card status.
No. For employment eligibility verification, an employer must allow its workers to choose which documents to show from the Form I-9 Lists of Acceptable Documents and requesting a specific document or more documents based on a worker's citizenship status may violate the law at 8 U.S.C.
Applicants do not need to have a job offer in order to obtain an EAD. Yes. Applicants must have a job offer from the employer in the U.S. to obtain a work visa. No employment offer is required and thus no prior petition is required to be filed by the employer.
An H1B visa is a work visa so an EAD is not also required.
It is best to have your attorney do the EAD as well, since the attorney is helping you with the I-589 process. You want to make sure the documents you file with USCIS are consistent and that both you and the attorney are on board with what has been filed and asserted in your case. Also, you hired the attorney, in part, to ensure proper timing of your filings. I've heard of situations where the attorney filed the EAD and...
Kindly be advised that it is very difficult to get an asylum based EAD approved the first time around. Without an attorney, you stand very little chance of it not being denied. Also, 12 void any quote c lock quote related issues , make sure to wave for 180 days prior to applying , or follow the instructions of your attorney.