Can I apply EAD if my PD is not going to be current soon?

UPDATED: Nov 28, 2011

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Can I apply EAD if my PD is not going to be current soon?

Backgroud Details: 1. Category – EB3 2. PD – March 2011 3. I-140 Pending Questions: 1. Is it possible I can apply for EAD after approval of I-140 when PD is not going be current soon (Means, will take years to be current). 2. If Q1 is yes then how many days after I can apply EAD from I-140 approval date. 3. If Q2 is correct and approved then We need to just PD to be current and formal GC.

Asked on November 28, 2011 under Immigration Law, New Jersey


SB, Member, California / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, you can only apply for an EAD when you file for your I-485 and you cannot file for your I-485 until the priority date is current.  If your filing is EB-3, that will be at least 5-6 years probably before the priority date will become current.  In the meantime, you will have to maintain your nonimmigrant status, such as H-1b.  You should not really need an EAD if you are continuing to work for the petitioning employer in valid nonimmigrant status.

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