working on an expired visa

[cyn 0]

Hi my husband is a British Citizen and I'm american. He came over here on a fiance visa. we got married and was a bit confused on how to apply for the adjustment of status. So we applyed for the work visa alone first then about 2 months later applyed for the adjustment of status. Here's the problem. We havn't gotten an approved adjustment of status but it is still pending. The work visa expired a week ago.His employer is letting him work. He applyed for a new work visa about 3 months ago so we thought that was plenty of time. We are now waiting to have his biometrics taken. There have been a few hold ups like we had to resquedule one of the biometric apps and another they closed because of bad weather. So until this other was is approved which should be soon after the biometrics can he work without getting in trouble? thanks for your help I would call immigration but they have told us so many different things we don't know whos right.

[KarenCee 3]

The K-1 visa was used and expired the day your now husband came into the US. I'm guessing you mean his I-94 and temporary EAD has expired? By applying for EAD before your AOS it only gives you work authorisation up until the expiry of the I-94. After that, unless you have your one year EAD in hand, you cannot work legally. Sounds to me like he will have to stop working until his EAD is approved and in his hand. BTW, you cannot extend the EAD without AOS. If you've applied, good...he will still have to wait until that EAD is approved...the one that is based on the AOS application. Make sense?