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Does I-130 have to be approved before EAD can be issued?

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  • Does I-130 have to be approved before EAD can be issued?

    Hi there,
    My husband (USA) and I (Australia) filed concurrently I-765, I-130 & I-485 on 30th September and received email notification of receipt two weeks later (Oct 13th, 2015). I received an I-767C for the I-765, but haven't received a biometrics appointment letter. Two different USCIS agents told me different things when I called- one that the I-765 (EAD) wouldn't be processed until the I-130 had been approved, and one that said the I-130 was barely relevant, and I should be worrying about the no-show letter for the biometrics for I-485. Does anyone have any advice on this? Or on how long the I-130 might take to get approved if filed concurrently? Will the EAD be issued while the I-130 is still processing?
    Thanks in advance for any help you guys might have!
    Renae.

  • #2
    Originally posted by Renae Grinlaubs View Post
    Hi there,
    My husband (USA) and I (Australia) filed concurrently I-765, I-130 & I-485 on 30th September and received email notification of receipt two weeks later (Oct 13th, 2015). I received an I-767C for the I-765, but haven't received a biometrics appointment letter. Two different USCIS agents told me different things when I called- one that the I-765 (EAD) wouldn't be processed until the I-130 had been approved, and one that said the I-130 was barely relevant, and I should be worrying about the no-show letter for the biometrics for I-485. Does anyone have any advice on this? Or on how long the I-130 might take to get approved if filed concurrently? Will the EAD be issued while the I-130 is still processing?
    Thanks in advance for any help you guys might have!
    Renae.


    hi there, as per our experience. we filed from long island New york.
    1/1615 priority date for all docs i-765, I-130 & I-485
    received biometrics appointment 1/28/15, went in for biometrics on 2/10
    case changed to ready for interview on 2/18

    I-765 changed to case had been approved on march 25th, then card went into production the next day and received EAD CARD march 31st.

    basically 3 months to receive EAD CARD,
    I-130 does not have to be approved to receive EAD, the I-130 will just sit on received until you go to your interview and if all goes well on your interview then I-130 will be approved.

    good luck

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    • #3
      You will receive EAD about 2 weeks-1 month or more after biometrics appointment. I-130 doesnt have to be approved before the EAD is produced.
      Marriage-based AOS- CHICAGO Concurrent filing
      08/26/2015 - Priority Date
      09/21/2015 - Biometrics Scheduled/Completed
      01/07/2016 - Interview Chicago Field Office
      03/27/2018 - Notice of Intent to Deny
      04/13/2018 - Submitted Rebuttal to NOID
      06/00/2018 - Received Approved I-130
      06/00/2018 - RFE received for updated Medical Exam
      06/12/2018 - Submitted updated Medical Exam
      07/02/2018 - Received Approval for I485
      07/06/2018 - Received Green Card in Mail

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