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Is it already okay to file an I-485 and file for EAD after receivingan establishment of prima facie case for my I-36

Woodbury, TN |

I live in Tennessee

Attorney Answers 3


  1. Best answer

    You can file the 485 at any time but it cannot be approved until the I360 has been approved. You can file the EAD without filing the 485.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  2. I agree with my colleague.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  3. Once you have received approval of your I-360 Petition you may file for both the I-765 EAD and for adjustment of status to LPR as long as the EB-4 category for "special immigrants" remains "current" as to immigrant visa availability (which it currently is under the January 2013 DOS Visa Bulletin).

    Response to this question does NOT establish an attorney-client relationship with the person requesting such information.

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