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When one can get workpermit during Greencard process?

Chicago, IL |

If my company files I-140 for me and once it gets approved,

- Can my spouse and I both get workpermit before filing I-485 or one gets work permit only after approval of I-485?
- Can I-485 be filed any time after approval of I-140 or it can only be filed when date gets current?
- Can I-485 be filed concurrently with I-140?

Thanks in Advance.

Attorney Answers 3

  1. You and your spouse can only file the I-485 if your priority date is current for your category. You can find this out by visiting the Department of State's visa bulletin, which is updated once a month. If the date is current, the 485 can be filed with the 140, otherwise no. The priority date is the date your labor certification was accepted for processing.

    The work permit (EAD) arrives 3 months or so after the filing of the 485. It cannot be filed earlier, and filing after the 485 approval makes no sense because at that point you are a permanent resident and do not need an EAD.

    You should talk to your company's lawyer to explain the process to you and find out what they will file for. Do not make the mistake of assuming that the company will just take care of everything. If you cannot talk to your company's lawyer, consult with an attorney yourself to understand the process.

    The above is general advice and no substitute for targeted advice given by a competent attorney. No attorney-client relationship is created by the provision of the above advice.

  2. You apply for a work permit concurrently while filing adjustment of status.

  3. You can get work permit only after the I-485 has been filed. You will be filing the application for work permit along with the I-485. You can't file the I-485 until your priority date is current.

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