M
M E
Nov 17, 2023
EAD and AP after I-140 approval
I heard that I can't get EAD and AP after I-140 approval until my PD is current. Is it true?
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OO_ 2021Nov 17, 2023
That's not quite correct. Your I-140 petition is only the grounds for which you want to attain permanent residency. Let me ask you, do you have a pending AOS application already? If so, you can apply for an EAD/AP based on your pending AOS. Otherwise, there are compelling circumstances for which one can apply for the EAD. Please check the USCIS for i-765(c)(35) compelling circumstances for more information.
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olu mikkNov 17, 2023
@OO_ 2021 So do you mean if my priority date is not current and I have an approved I-140 I can still apply for EAD?
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d sNov 17, 2023
EAD and AP is possible only with pending AOS. if you have one already, you are good. if not, then you need to wait for dates to be current (uscis decides every month whether to use filing chart or final action chart)
OO_ 2021Nov 17, 2023
@olu mikk yes sir, you sure can. the current date is for adjudication. Your ability to apply for an EAD/AP is based on a pending AOS whether or not one has an approved I-140. My case was concurrently filed meaning I had a pending AOS and as such my first combo card was issued even before decision was made on my I-140. Let me know if you have any other questions.
OO_ 2021Nov 17, 2023
@d s that is correct
k
kk hhNov 17, 2023
oh those two are not related. I got mine AP and EAD card (so combo although they say they are not doing combos since last year) in July 2023! my PD was not current then.

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