Guidelines for Working till you get your EAD

[AnnetteG 0]

I'm wondering if anyone has been in my shoes. I'm married to a US citizen, have been here on an H1B, which expires Feb 18/08. I'm applying for my AOS and EAD. I want to know if I can work between the time my H1B expires, and I recieve my EAD. I'm getting conflicting answers. Some indicate that technically I shouldnt but since i'm married to an American, I can, and it will be 'forgiven'. I'm also finding some information that says since i'm applying prior to losing my 'legal' work status, I can continue doing so until i get my EAD.

I'm hoping someone out there can help me out....i'm so confused, and sooooo stressed!!!

Annette

Edited January 20, 2008 by AnnetteG

[Liebi 0]

I really don't think you will find an employer who will hire you if you are not able to show proper proof of work authorization. Without this kind of proof (EAD, GC or an unexpired workauthorized visa) I believe you would be working illegally.

[jdsp07 0]

I'm wondering if anyone has been in my shoes. I'm married to a US citizen, have been here on an H1B, which expires Feb 18/08. I'm applying for my AOS and EAD. I want to know if I can work between the time my H1B expires, and I recieve my EAD. I'm getting conflicting answers. Some indicate that technically I shouldnt but since i'm married to an American, I can, and it will be 'forgiven'. I'm also finding some information that says since i'm applying prior to losing my 'legal' work status, I can continue doing so until i get my EAD.

I'm hoping someone out there can help me out....i'm so confused, and sooooo stressed!!!

Annette

It's a grey area. I am in the same situation. Even on this site there can be conflicting opinions. Call USCIS.

[BobGie 0]

I'm wondering if anyone has been in my shoes. I'm married to a US citizen, have been here on an H1B, which expires Feb 18/08. I'm applying for my AOS and EAD. I want to know if I can work between the time my H1B expires, and I recieve my EAD. I'm getting conflicting answers. Some indicate that technically I shouldnt but since i'm married to an American, I can, and it will be 'forgiven'. I'm also finding some information that says since i'm applying prior to losing my 'legal' work status, I can continue doing so until i get my EAD.

I'm hoping someone out there can help me out....i'm so confused, and sooooo stressed!!!

Annette

Annette,

I entered on K1, got married November, K1 visa expired 1st January 08. Last December, I filed for AOS, so my application is on processed and in fact had my biometrics taken the other week. In the middle on my AOS/EAD, I tried to apply for a job and since I have an SSN, I was able to make some work applications and indeed I got accepted on one of the company I am applying work for. I was happy but worried, since I know that my application to the USCIS is still on process, so right on the first day of my about to be employer, I honestly told them about it, and they politely told me, I need to have my work authorization yet on hand so that I can work with them legally. Most employers, do not take the risk to hire someone on expired visa or incomplete legal papers.

So I suggest you wait until you get your papers done.

Right now I am patiently waiting for my EAD to come, so I can work.

God bless you and pray that God will put everything in place for us.

mrs wood

[Liebi 0]

Annette,

I entered on K1, got married November, K1 visa expired 1st January 08. Last December, I filed for AOS, so my application is on processed and in fact had my biometrics taken the other week. In the middle on my AOS/EAD, I tried to apply for a job and since I have an SSN, I was able to make some work applications and indeed I got accepted on one of the company I am applying work for. I was happy but worried, since I know that my application to the USCIS is still on process, so right on the first day of my about to be employer, I honestly told them about it, and they politely told me, I need to have my work authorization yet on hand so that I can work with them legally. Most employers, do not take the risk to hire someone on expired visa or incomplete legal papers.

So I suggest you wait until you get your papers done.

Right now I am patiently waiting for my EAD to come, so I can work.

God bless you and pray that God will put everything in place for us.

mrs wood

Exactly what I meant. You will have to have the work authorization there with you to present it to your employer. There might be some grey areas with USCIS and immigration, but I really don't think this is one. Between expiration of your H1B and receiving EAD upon AOS you are not able to work legally and alot of employers won't take the risk of hiring you illegally - to big of an issue in this country. A company doing that would have to face some big penality/fines if the truth comes out and that's why they simply don't do it.

Just hang in there and wait for your EAD. It shouldn't take to long.

[mabdelbaqi 0]

My husband was here on a H1B visa before we met and married and it expired before he received his current EAD and per our lawyer you are NOT allowed to work unless you have your new EAD card. When did you apply for the new EAD? It should only take 90 days to get the new one. Good luck and keep us posted on your progress.

[Lili 3]

Bonjour Annette,

I am in a similar situation.

I have an EAD for OPT under an F-1 student status.

I wasn't sure if i was able to still use it till i get my EAD from the AOS so i paid $$$ and went to see an immigration lawyer.

The lawyer told me that i would be considered F-1 pending AOS, meaning that i am still a student till my AOS get approved or denied. So i can still use my OPT EAD.

This is what she told me.

I have no idea if it is the same for you. It would be better to consult an immigration lawyer or USCIS.

ETA: My EAD hasn't expired too. I am sure if you H-1B visa expires, you are not allowed to work no matter what.

Edited January 26, 2008 by Lili

[AnnetteG 0]

My husband was here on a H1B visa before we met and married and it expired before he received his current EAD and per our lawyer you are NOT allowed to work unless you have your new EAD card. When did you apply for the new EAD? It should only take 90 days to get the new one. Good luck and keep us posted on your progress.

this is what i found online...however it seems to me even the lawyers are sometimes unsure..the one that was dealing with my case three years ago said as long as the new application is filed before the old one expires youre ok....if you read #4 of this list, it seems to agree with him. I sent out my EAD on thursday....if worst comes to worst and work says i have to stay home, i'll suggest they contact USCIS directly themselves as well, because i'm considered an essential worker. Plus i've been putting off some knee surgery.....if nothing else, maybe its time i got it fixed and was off work for awhile...i can use my EIB up...

thank you so much for replying to me by the way..

Annette

This is what i found:

We will answer your questions in the order they were asked:

1. There is no need to "activate" your current EAD card.

2. We would suggest that you apply for your new EAD card at least 120 days before your old card is going to expire.

3. As long as you have a valid application for adjustment of status pending with INS, you can remain lawfully in the US after your H-1B status expires.

4. Under newly enacted legislation, you can obtain an additional year extension of your H-1B. Therefore, if a bona fide petition is filed before your H-1B status expires, you can continue to work. Also, the law provides that a person who has filed a bona fide application for adjustment of status may be employed. So, on the basis of that law, you can also continue to work.

5. You can apply for an extension. Whether to do so, or not, is up to you. If you don't need to travel on the H-1B (you can still travel on an advance parole), and you are fairly certain of being granted adjustment of status, an extension of your H-1B is probably not necessary. Good luck.