I am a US citizen living abroad with my husband in Ireland. We are looking to move to the states in the next within the next 6 months, but he will need a work permit given he is an Irish citizen.
In the case where he can’t obtain an H1-B, we are looking into applying for the I-485 green card visa. Given we’d like to move over within the next 6 months, the green card won’t be processed by then so he’ll need an EAD to work while his green card is being processed. We are trying to minimise his time waiting for a work permit/being unemployed so we have the following questions:
In the case where he can’t obtain an H1-B, we are looking into applying for the I-485 green card visa. Given we’d like to move over within the next 6 months, the green card won’t be processed by then so he’ll need an EAD to work while his green card is being processed. We are trying to minimise his time waiting for a work permit/being unemployed so we have the following questions:
- I read that if the USICS does not process the EAD within 90 days (we’d file the EAD concurrently with the I-485) you can apply for an interim EAD which allows him to work for 240 days while awaiting his EAD (see here: https://www.immihelp.com/employment-authorization-document-ead/). Is that correct? If so, it sounds like the quickest way to get a him authorisation to work in the states?
- Can he apply for the I-485/EAD while living/working from abroad? I read previously somewhere that you can’t apply for the EAD from abroad, but is that true? It would be ideal to wait out that 90 days from abroad and continue working in the meantime rather than moving to the US and waiting there unemployed for 90 days.
- Even if he has to come to the states for in person appointments, is he able to come for this purpose and leave back home to Ireland to continue waiting abroad?
- There is no mention of if the EAD is still not processed after the interim EAD expires after 240 days. So I assume that this means the EAD should be processed by then?
- Of course all of this is outside of the COVID context, so does anyone have any insight into any updates to this procedure given COVID? (i.e. if the USICS office that we applied to is closed then the EAD won’t be processed...)
- Are companies likely to hire an interim EAD applicant given it’s only work approval for 240 days? (But maybe they see past this if the EAD is known to be processed by then?)
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