No, it isn't. (c)(31) is for an APPROVED I-360. You can file it concurrently but will still have to wait a long time for the I-360 approval before the EAD can issue.

However, because the I-360 was filed concurrently with an adjustment application, the (c)(9) category should have been used, since that only requires a pending I-485, and EAD issuance should be in 60-90 days.

I guess I should have use (c)(9). I can't wait for my I-360 approval to get a work permit. I have pending I-485.

Mark is correct that (c)(9) is the proper code to use. I am assuming your spouse is a US citizen based on your lawyer submitting the I-485 at the same time as the I-360. If your spouse is not a US citizen, you will have to wait longer than the 3 months to get work authorization. Ask your lawyer to check the status of your I-765, or use the USCIS Customer Service Number, 1-800-375-5283, to check the status yourself. You can ask the customer service representative to inform the Vermont Service Center that you are married to a US citizen and are eligible for work authorization immediately because of your pending I-485. Make sure you have your VSC receipt number when you call.

Mark, are people experiencing longer processing times for the EAD when the (c)(31) code is used even though the I-485 is submitted concurrently?

Yes my husband is a USC.

Good, don't freak out. Just follow up and have your lawyer follow up.

Ok thank you. Should i ask my lawyer to change it to Category (C)(9) instead of (c)(31)?

David, I don't know the answer to that question. As I mentioned to the posted, it's entirely possible that USCIS will still treat it as a (c)(9), rather than (c)(31), when the I-485 shows in the system. You would think there would be some built-in flexibility, since a lot of these filings are done pro se. I don't have first hand knowledge, because I think we've been pretty good about filing them as (c)(9) where appropriate. Probably a decent idea for the lawyer to supplment with clarification, though, rather than just waiting and hoping that the Service sorts it out.

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The important thing is just to let the VSC know that you are eligible
for work authorization immediately.



David E. Larson

Altick & Corwin Co., L.P.A.

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