Lisa&Clare Posted July 3, 2007 Report Share Posted July 3, 2007 I'm ready to file my SO's I-485 but I'm weighing the facts first to see if I also need to file an I-765 at the same time. I need to get some information correct. First off my wife wants to work very badly and it's the only friction and or stress we face (I'll add it doesn't matter to me but it's very high on her priority list, as in #1).She tells me that she must have a Job card before she can work. I interpret the Job card that she refers to as the EAD (I-765).So my question is do I have to file the EAD so she can work? Or is the EAD only a faster way for her to acquire a work permit. Would the I-485 process also be a way to a work permit? I'm trying to avoid the words Green Card because I¡¯ve read there isn't really a green card anymore.I'm confused and tired of her persistence in this matter. I'm not just trying to tell her I told you so because I may be wrong too, but the important issue is that I do what's right for her. Thanks for your help.Clare & Lisa Link to comment
tonado Posted July 3, 2007 Report Share Posted July 3, 2007 (edited) http://candleforlove.com/FAQ/CFL_FAQ_AOS_Final1.htmhttp://www.visajourney.com/forums/index.ph...mp;page=k1k3aos In order to work during the time waiting for the 2 year green card, she will need the EAD. She is right. You should file the I-765 the same time as the I-485. You might consider the I-131 (travel document - Advance Parole) as well. Edited July 3, 2007 by tonado (see edit history) Link to comment
Randy W Posted July 3, 2007 Report Share Posted July 3, 2007 I'm ready to file my SO's I-485 but I'm weighing the facts first to see if I also need to file an I-765 at the same time. I need to get some information correct. First off my wife wants to work very badly and it's the only friction and or stress we face (I'll add it doesn't matter to me but it's very high on her priority list, as in #1).She tells me that she must have a Job card before she can work. I interpret the Job card that she refers to as the EAD (I-765).So my question is do I have to file the EAD so she can work? Or is the EAD only a faster way for her to acquire a work permit. Would the I-485 process also be a way to a work permit? I'm trying to avoid the words Green Card because I¡¯ve read there isn't really a green card anymore.I'm confused and tired of her persistence in this matter. I'm not just trying to tell her I told you so because I may be wrong too, but the important issue is that I do what's right for her. Thanks for your help.Clare & Lisa Yes - the EAD card is faster - by as much as 2 years, depending on your processing center (be sure to check the processing times). But there are people who have gotten their green card before the EAD could be processed. If you decide to wait, you can file for EAD later by including the I797C for the AOS application (I-485). Link to comment
Zhen's Tiger Posted July 3, 2007 Report Share Posted July 3, 2007 I'm ready to file my SO's I-485 but I'm weighing the facts first to see if I also need to file an I-765 at the same time. I need to get some information correct. First off my wife wants to work very badly and it's the only friction and or stress we face (I'll add it doesn't matter to me but it's very high on her priority list, as in #1).She tells me that she must have a Job card before she can work. I interpret the Job card that she refers to as the EAD (I-765).So my question is do I have to file the EAD so she can work? Or is the EAD only a faster way for her to acquire a work permit. Would the I-485 process also be a way to a work permit? I'm trying to avoid the words Green Card because I¡¯ve read there isn't really a green card anymore.I'm confused and tired of her persistence in this matter. I'm not just trying to tell her I told you so because I may be wrong too, but the important issue is that I do what's right for her. Thanks for your help.Clare & Lisa Hi, In my opinion, you should most definately file them both at the same time! I did the same for my wife & she received her EAD (Work Permit) in about 1.5 months from time of filing (3 months ago) & we will not be getting her I-485 approved any time soon... I estimate another 8 or 9 months form now. So if it is very important for your wife to work (as it was for mine), you will want to do them both now or she may be upset if she can't work for over a year until the Green Card comes through. Good luck! Steve Link to comment
Lisa&Clare Posted July 3, 2007 Author Report Share Posted July 3, 2007 OK, Thank you all for your responses. But nobody answered the question. So my question is do I have to file the EAD so she can work? Or is the EAD only a faster way for her to acquire a work permit. Would the I-485 process also be a way to a work permit? I'm going to file the I-765 and the I-131 along with the I-485 as we plan on returning to China in 2008 for the Chinese New Year.Originally I was going to omit the I-765 as I've heard that the GC process is fairly quick in my area. But I can no longer take the stress from my wife. I'm now at the point that if the GC would come only 2 weeks later than the EAD that's too long. Link to comment
Randy W Posted July 3, 2007 Report Share Posted July 3, 2007 (edited) OK, Thank you all for your responses. But nobody answered the question. So my question is do I have to file the EAD so she can work? Or is the EAD only a faster way for her to acquire a work permit. Would the I-485 process also be a way to a work permit? I'm going to file the I-765 and the I-131 along with the I-485 as we plan on returning to China in 2008 for the Chinese New Year.Originally I was going to omit the I-765 as I've heard that the GC process is fairly quick in my area. But I can no longer take the stress from my wife. I'm now at the point that if the GC would come only 2 weeks later than the EAD that's too long. It's a choice. You do not have to file for EAD. If she does not have either EAD or the green card, she can not work. The green card does authorize work even if she doesn't apply for EAD. I believe your choice would be to file for the EAD and the green card at the same time. Some claim to have "wasted the money" if the green card comes before the EAD. We have "wasted the money" twice while waiting for the green card. Again - check the processing times before you make your decision. But why would you risk the 2 weeks? Edited July 3, 2007 by Randy W (see edit history) Link to comment
yuehan123 Posted July 3, 2007 Report Share Posted July 3, 2007 Green or not, it is still called a 'green card.' And, no, at least 12 million illegal immigrants don't have to have a work permit to work. Prefer to stay legal? Well, she needs either an EAD (work permit) or the AOS stamp in her passport or a 'green card.' Some folks recommend not applying for the EAD along with the AOS. There are times when applying separately, even electronically, might be faster. I haven't done it. I have the opinion (oh, my goodness) that some guys would never do anything to help ease their wives' anxiety (maybe they consider it giving in or appeasing or some other negative thing). If she's got the idea that her only road to happiness is a work permit why not humour her? You said it doesn't matter to you- oh, really? Apply for the work permit now. Send in the AOS later. Then, it's not your monkey anymore. Link to comment
Lisa&Clare Posted July 3, 2007 Author Report Share Posted July 3, 2007 But why would you risk the 2 weeks? Thanks Randy, you answered my question. I was also almost certain of this but wanted to clarify it to my wife. A green card also serves as a work permit. The EAD is only a quicker way to a work permit (Job card).In response to your statement about wasting money on the EAD. If the GC would for some reason arrive prior to the EAD it most certainly would be a waste of money on the EAD. In your case you haven't wasted any money on the EAD, because your still waiting for your GC. I'm not sure what you were implying about the two weeks. I was in frustration towards my wife's persistence of the job card being sarcastic about me now being compliant with her wishes of acquiring the EAD. Even if the EAD arrived only two weeks prior to the GC. I hope those two sentences weren't too confusing. Be thankful you can't look in my head right now, it's a screwed up mess right now due to the convoluted mess our .gov has created. Link to comment
tonado Posted July 3, 2007 Report Share Posted July 3, 2007 Green card holder benefits. http://www.americagreencard.org/green-card-benefits.html "A green card means you will obtain a permanent residence permission, which allows you to freely live, work and move in any of 50 states. As a citizen, you will be entitled to equal and lawful employment by any employer on non-discriminating grounds. Permanent residence permit is a way to full citizenship and is no different from it except for the right to vote - the most sacred right of any american citizen that you as a holder of green card will be entitled to within 5 years since your immigration. A green card also entitles you to all social benefits of being an american citizen, such as state sponsorship in education, research, taxation, social security and insurance, retirement and health benefits. You can legally own property, cars, firearms and other items that any other average american does. A holder of a green card will be able to travel as an US permanent resident abroad. Modern green cards are valid for life time, whether you choose to apply for American citizenship or not." Link to comment
Randy W Posted July 3, 2007 Report Share Posted July 3, 2007 (edited) But why would you risk the 2 weeks? Thanks Randy, you answered my question. I was also almost certain of this but wanted to clarify it to my wife. A green card also serves as a work permit. The EAD is only a quicker way to a work permit (Job card).In response to your statement about wasting money on the EAD. If the GC would for some reason arrive prior to the EAD it most certainly would be a waste of money on the EAD. In your case you haven't wasted any money on the EAD, because your still waiting for your GC. I'm not sure what you were implying about the two weeks. I was in frustration towards my wife's persistence of the job card being sarcastic about me now being compliant with her wishes of acquiring the EAD. Even if the EAD arrived only two weeks prior to the GC. I hope those two sentences weren't too confusing. Be thankful you can't look in my head right now, it's a screwed up mess right now due to the convoluted mess our .gov has created. No, it's the same wastage, just twice as much! And necessary, as you are pointing out. But we paid for our green card - they just get a guaranteed annual income of $180 while we're waiting. I think the bottom line is don't count on getting a fast green card. There's nothing wrong with waiting to see if maybe you get it, but I think that's been WAY over-emphasized here and elsewhere. If your wife wants to work NOW, apply for the EAD. If you want to see if maybe you can save a few bucks, wait and see. If it doesn't come, you've lost 90 days. By the way, most employers will hire her with the I-797C as proof that she will have the EAD within 90 days. Edited July 3, 2007 by Randy W (see edit history) Link to comment
dnoblett Posted July 3, 2007 Report Share Posted July 3, 2007 Keep in mind the K-1 is a work authorized visa, the I-94 acts as a work permit until its expiration, with a temp EAD stamp, after that date either a green-card or EAD card is needed to continue working. The position of it the temp stamp is actually needed is unclear, USCIS stopped the practice of issuing the EAD stamp at most of the POE's and SSA considers K-1 to be work authorized with or without the stamp for the 90 days of the I-94 so will issue a SSN for at least the first 75 days of the I-94 to K-1's. This subject does come up often. David has an extensive post on it here: http://candleforlove.com/forums/index.php?showtopic=19268 Link to comment
Lisa&Clare Posted July 3, 2007 Author Report Share Posted July 3, 2007 But why would you risk the 2 weeks? Thanks Randy, you answered my question. I was also almost certain of this but wanted to clarify it to my wife. A green card also serves as a work permit. The EAD is only a quicker way to a work permit (Job card).In response to your statement about wasting money on the EAD. If the GC would for some reason arrive prior to the EAD it most certainly would be a waste of money on the EAD. In your case you haven't wasted any money on the EAD, because your still waiting for your GC. I'm not sure what you were implying about the two weeks. I was in frustration towards my wife's persistence of the job card being sarcastic about me now being compliant with her wishes of acquiring the EAD. Even if the EAD arrived only two weeks prior to the GC. I hope those two sentences weren't too confusing. Be thankful you can't look in my head right now, it's a screwed up mess right now due to the convoluted mess our .gov has created. No, it's the same wastage, just twice as much! And necessary, as you are pointing out. But we paid for our green card - they just get a guaranteed annual income of $180 while we're waiting. I think the bottom line is don't count on getting a fast green card. There's nothing wrong with waiting to see if maybe you get it, but I think that's been WAY over-emphasized here and elsewhere. If your wife wants to work NOW, apply for the EAD. If you want to see if maybe you can save a few bucks, wait and see. If it doesn't come, you've lost 90 days. By the way, most employers will hire her with the I-797C as proof that she will have the EAD within 90 days. Very well put. for peace of mind and home I'm filling out the I-765 and I-131 right now.Nice tip on the I-797C, I'll be searching out that info right after I've got my I-485 package (G-325A, I-864, I-765, I-131, I YI I and I Kee Yumba) post marked. Thanks AllI can't express how much your efforts are appriciated. It's a wonderful thing how you all provide this information long after your processes are completed. Link to comment
SirLancelot Posted July 10, 2007 Report Share Posted July 10, 2007 She tells me that she must have a Job card before she can work. I interpret the Job card that she refers to as the EAD (I-765).So my question is do I have to file the EAD so she can work? Or is the EAD only a faster way for her to acquire a work permit. Would the I-485 process also be a way to a work permit? I'm trying to avoid the words Green Card because I¡¯ve read there isn't really a green card anymore. Hi Lisa&Clare, the most commonly used terms are: Green Card Work Permit or EAD Your use of "work card" is unusual and can cause more confusion. I suggest you have your wife use the term "work permit" as well. The Permanent Resident Card may not be green anymore, but everyone in the industry--including government workers--still refer to it as the Green Card. Link to comment
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