AOS Clarification, do I need to apply for a EAD also?

[sclkny 0]

Hi,

I am a little confused and I need some clarification. My husbands I-94 expired on Nov. 15th, but I applied for the adjustment of status for him prior to the adjustment date. We got a receipt from the department of homeland security and he already went to his biometrics appointment. My concern is, he is interviewing with the census bureau right now for a job, and he was told that his visa and I-94 were expired. We have the reciepts from the department of homeland security that he has applied for ajustment of status, so isn't this proof sufficent to state that he his here legally and able to work? He also has a social security card that states that he is able to work legally as well. I just am not sure if I have to apply for an EAD card for him if he already has a Social Security Card.

Please advise.

[Chica Yeyé 41]

Hi,

I am a little confused and I need some clarification. My husbands I-94 expired on Nov. 15th, but I applied for the adjustment of status for him prior to the adjustment date. We got a receipt from the department of homeland security and he already went to his biometrics appointment. My concern is, he is interviewing with the census bureau right now for a job, and he was told that his visa and I-94 were expired. We have the reciepts from the department of homeland security that he has applied for ajustment of status, so isn't this proof sufficent to state that he his here legally and able to work? He also has a social security card that states that he is able to work legally as well. I just am not sure if I have to apply for an EAD card for him if he already has a Social Security Card.

Please advise.

Nope - he needs an EAD for work until he successfully adjusts status and receives his green card. The SSN just indicates he has a SSN. google "I-9 form"

[sachinky 465]

If you want to work, you will need a EAD until you have the GC in hand.

[sclkny 0]

If you want to work, you will need a EAD until you have the GC in hand.

Thanks. How long after I apply does it take to get the EAD?

[Chica Yeyé 41]

Thanks. How long after I apply does it take to get the EAD?

60-90 days

[sclkny 0]

Ok folks, one more question. I am completing the I-765 form and I am not sure what to put for question #11. Question asks "Have you ever before applied for employment authorization from USCIS?". Would I check yes since my husband has a SSN and had been working prior to the K1 visa expiring? Or would I check no because this is my first time filing for an EAD?

[sachinky 465]

Uh, how is he working if he doesn't have a EAD? Has he been working without authorization?

My OPT EAD took 40 days to be issued.

[Chica Yeyé 41]

Ok folks, one more question. I am completing the I-765 form and I am not sure what to put for question #11. Question asks "Have you ever before applied for employment authorization from USCIS?". Would I check yes since my husband has a SSN and had been working prior to the K1 visa expiring? Or would I check no because this is my first time filing for an EAD?

Wait a sec. Has your husband been working? He needs to stop doing so. Today.

As for your question: the answer is NO; since you have never applied for EAD.