LarryMark Lanray
Jun 13, 2023
EAD for an approved I-140
Hello Friends,
I filed EB-2 NIW PP, in April 2023 and it was approved in 7 days. The question now is can I file I-485 and I-765 for the purpose of getting EAD even when my date is not current? anyone with similar experience? Thank you.
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Champ BoyJun 13, 2023
i dont think uscis will accept the application. If your date is not current, they wont issue you an receipt form. They might simply send the application back to you
LarryMark LanrayJun 14, 2023
@Champ Boy I think so too, but it worked for some other people.
Matt Jun 14, 2023
My case was similar as I needed I-765 related EAD because my non-immigrant visa ran out (on that topic, it seems impossible to get an H-1B…). My lawyers initially advised to go for a NIW and got it approved with PP in 5 days but the priority date was not current. We then went for EB-1 category (which luckily worked out). We did not file for PP there (as the case was weaker) but were initially hoping to interfile to the approved NIW once priority date becomes current. maybe a similar strategy would work for you?
j lJun 14, 2023
@Matt hey Matt who was your lawyer ?
D FlexJun 14, 2023
I would say take the chance and apply. Good luck
Mona A.Jun 14, 2023
no you can’t. that the purpose of the visa bulletin to show you when you file and when you can be approved.
Matt Jun 14, 2023
@j l I am represented by company internal lawyers. but they did a great job so far
j lJun 14, 2023
what is that means ? @Matt
C RJun 15, 2023
@Mate
Did they pass the EB1? If yes, how long?
Mr GreenJun 16, 2023
You cannot. you have to wait for your date to become current m.
A KJun 17, 2023
you cannot, your date should be current to file I-485!
B HJul 16, 2023
Would not file before current. Following the rules seems wisest approach in general, but especially when trying to get a GC.
