What are the requirements for obtaining an EAD while Form I-485 is pending, and how does this relate to Advance Parole?
A foreign national who has properly filed Form I-485, Application to Register Permanent Residence or Adjust Status, is eligible to apply for an Employment Authorization Document (EAD) using Form I-765. This interim work authorization is critical for applicants waiting for their green card adjudication, as the underlying visa category often prohibits employment.
To qualify for the EAD based on a pending I-485, the applicant must have an I-485 application pending with USCIS for at least 150 days (this '150-day clock' is paused if the application is transferred or if the applicant requests a continuance). Once the 150 days have passed, the applicant can file Form I-765, requesting eligibility category (c)(9). The EAD, sometimes referred to as a 'pending I-485 EAD,' allows the holder to work for any employer, unlike many employer-specific work visas.
This EAD is intrinsically linked to Advance Parole (Form I-131). If an applicant leaves the U.S. while their I-485 is pending without having obtained Advance Parole, their I-485 application is generally considered abandoned. If the applicant has both a valid EAD and Advance Parole document (often combined into one card, the I-512L), they are generally permitted to travel internationally and re-enter the U.S. without abandoning their adjustment application. However, applicants must be cautious: using the Advance Parole document is generally safer for travel than using a valid visa, as using a visa after filing for adjustment can sometimes complicate the process.
Source: USCIS, Employment Authorization for Certain Applicants Adjusting Status, and USCIS Policy Manual regarding travel while I-485 is pending.
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