Retrogression and EAD (I-765)

[testsite]

Hello, I have a question I hope someone is able to answer

Suppose my priority dates gets current for a certain month and therefore I apply for adjustment of status (I-485) and a EAD card for my wife (I-765). If the next visa bulletin retrogresses my priority date and it is no longer current, does that also freeze the I-765 processing, or would my wife get the EAD even if my priority date is no longer current?

Thanks.

[saps]

She will get her EAD even if your priority date retrogresses in the next visa bulletin.
As far as I know, you don't neccessarily need to file EAD with your I-485. Once your I-485 is pending, you can file EAD anytime after that(irrespective of PD movement) but its always better to file them together.

Someone please correct me if I am wrong.

[gccovet]

Originally Posted by saps

She will get her EAD even if your priority date retrogresses in the next visa bulletin.
As far as I know, you don't neccessarily need to file EAD with your I-485. Once your I-485 is pending, you can file EAD anytime after that(irrespective of PD movement) but its always better to file them together.

Someone please correct me if I am wrong.

you are right, when you are eligible to file AOS, you can file for EAD (AP etc) as well.

GCCovet

[a_yaja]

Originally Posted by testsite

Hello, I have a question I hope someone is able to answer

Suppose my priority dates gets current for a certain month and therefore I apply for adjustment of status (I-485) and a EAD card for my wife (I-765). If the next visa bulletin retrogresses my priority date and it is no longer current, does that also freeze the I-765 processing, or would my wife get the EAD even if my priority date is no longer current?

Thanks.

If you do not file for EAD along with the I-485 application, you can apply for EAD at any time after filing the I-485. I filed my I-485 during the July 2007 rush but did not file for EAD at that time as my H1 was valid till June 2008. I applied for my EAD only in March 2008 - when my dates were not current - and I got my EAD after 50 days.