Immigration Issues/EAD Process

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Question
Dear David,
My husband's I-140 was approved few weeks ago. We are covered under 245i. I thought since 140 is approved we can file for our EAD but my attorney is saying that he has put our file on hold till our visa dates become current. My priority date is Oct 2002 and current date is April 2001 and we fall into 3rd category workers. Our lives will become a lot easier if only my daughter & I can get our work permits. I thought that for filing 485 visa dates have to be current but  I had no idea that even for EAD visa dates have to be current. Please advise.
We will really appreciate your help.

Thanks a lot.
Rajni


Answer
Although you have an approved I140, I have no idea what situation is in the US...what is your status?
That being said, it is not unusual to get an EAD while your status is pending.  File an I-765 at your local CIS office for employment authorization while your status based on the I-140 is pending.

Immigration Issues

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David

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Immigration Law enforcement Border Patrol

Experience

30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

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