Help! EAD vs. AOS?

[gdalicia]

On Laurel's chat today she recommended that I file the I-765 separately from the I-485. Apparently a lot of people are getting RFEs and it is stopping the 90 day clock for their EAD approval. The problem is...when I went to the USCIS website I found this:

As of 07/30/07, if you file your Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, as a receipt of evidence for the filing of your I-485

I am so confused...does that mean I have to file the I-485 first, wait for the notice of action (which aren't coming anymore due to the backlog) and then file the I-765?

[Pooh79]

As a K-3 you can file for EAD separately from the AOS. K-1s have to file along with the AOS. NO worries. Make sure to use the code stated for K-3 EAD filing. Call me if you have questions. (pming you with #)

[gdalicia]

Thanks! Don't know what I'd do without you guys....:)

[Adriane]

Oh crap- I thought that now the $1010 included both and they had to go together, the EAD & the AOS.

Am I wrong? I ask because my husband is going to get a K-3 (if and when we EVER get approved) and we will sort of be stuck where we are till we get his EAD so I need to get it in the works ASAP.

And is it true that the JFK airport still issues temp work permits on site?

[gdalicia]

Adriane you can file the I-765 for the EAD separately. The fee is $360 I believe. But once you file for AOS later on you still need to pay the entire $1010 fee! So filing separately *may* get you the EAD faster, but it costs you $360 more. Kind of like robbing Peter to pay Paul I guess because once they start working then we will have the extra money for AOS!

Hmmmm....I dunno what to do. :dunno:

On another note...it looks like a lot of AOS filers are getting RFEs on their I-864s. From what I've read it seems like we need to send an employer letter AND check stubs even if we meet the 125% requirement to be on the safe side.

[Pooh79]

Adriane I have heard that JFK still issues the work permits but it might depend on the visa they are coming in on. This is a good question to ask on Visajourney. If you are not a member over there let me know and I will ask for you.

[Pooh79]

Okay I did a quick search on VJ and it looks like K-1s are the ones that get a 90 day temp work permit...

[Pooh79]

Adriane I posted on VJ, only got one reply but here it is...

http://www.visajourney.com/forums/index.php?showtopic=87484

[SHELLYFCO]

Okay I did a quick search on VJ and it looks like K-1s are the ones that get a 90 day temp work permit...

I recall someone telling me that the temp EADs for K-1s are only issued through JFK. I hope that's not the case.

[TracyTN]

To my knowledge, JFK is the only POE that will issue the temp EAD stamp.

[Pooh79]

I recall someone telling me that the temp EADs for K-1s are only issued through JFK. I hope that's not the case.

Shelly actually I think that is the case.