{ "media_type": "text", "post_content": "Any immigration lawyers in here? I just submitted (aka mailed in) my marriage based GC application. I am currently on H1B which is set to expire at the end of 2023. If I don’t get my GC before my H1B expires, do I have to apply for an EAD? When should I apply for the EAD?", "post_id": "6234bb05f2a427002a01d7b0", "reply_count": 14, "vote_count": 2, "bowl_id": "552d1d24dc1c586b09d2d052", "bowl_name": "Law", "feed_type": "crowd" }
null

Any immigration lawyers in here? I just submitted (aka mailed in) my marriage based GC application. I am currently on H1B which is set to expire at the end of 2023. If I don’t get my GC before my H1B expires, do I have to apply for an EAD? When should I apply for the EAD?

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I have 8+ years in immigration. You should absolutely file your EAD and AP request together asap. You don't have to "activate" it unless your GC isn't approved in time but it will be a lifesaver if your H1B maxes out. I would recommend you file for the EAD/AP now because then you can renew it as needed if your GC takes a while. There is no filing fee for either filing as long as you have a pending I-485.

In regard to why you need AP, you would only be utilizing the EAD if your H-1B expires. So you'll want the EAD/AP combo card so you can travel outside the US while your GC is pending if/when your H-1B expires. It will make you so happy to have EAD/AP approved if you need it and if you don't, there is no filing fee and just your time to send in the forms. Send them both in together and you'll get issued a combo EAD/AP card.

Happy to advise further if you want to DM me.

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CC1 thank you for the wisdom!!! as soon as i get my notice of receipt, I’ll file the EAD/AP asap

Not an immigration lawyer, but the spouse in a similar circumstance. Apply for your EAD as soon as it becomes apparent that you’re going to need it. It took my spouse six months to receive it. My spouse actually had to take a four month leave from work because it took so long to get it.

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Did you submit a I-130 + I-485 concurrent Application or just I-130? Ideally you would submit a I-765 and I-131 application along with your concurrent application as well to allow USCIS to issue you an EAD/AP card to allow you to keep working until your GC is issued.

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Not doomed. Check with your immi lawyer but I think you can submit a subsequent EAD application just need to pay for it separately in addition to your GC application.

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Thanks A1 - I guess I was being hopeful that the GC would be processed under 20 months and didnt want to bother with the EAD until it was clear the process would take longer than that…

Also follow up question - why do I need an AP card??

Thanks! I dont believe I need it because I have H1B

USCIS is fickle, so don't rely on stated processing times and get that EAD/AP in process asap (ead is work authorization, AP is is travel authorization and yes you need both) If you submit the EAD and AP after the GC, you or the attny can call USCIS once you have the receipt numbers and ask them to link the cases

Thanks - do I need AP even if I’m H1B? And what if I don’t plan to travel internationally - wouldnt the AP be irrelevant?

My wife is an immigration attorney and could help. Let me know if you’d like her contact info.

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