work permit stamped to my i-94 and EAD ?

[carito123 0]

So when I first got here, I got to the JFK air port in New york. The guy stamped a work permit thing to my I-94 and when I sent all my AOS documents I didn't send the work permit from because I had that stamp. Do I need to get the work permit too? Becuase I've seen a lot of people talking about their EAD card and I don't have one... what can I do? do I have to pay? where can I send the form to?

I just got my appointment date to have my biometrics taken... can I do something there? I would appreciate a piece of advice related to this subject... Thank you!

[Usui Takumi 1,562]

So when I first got here, I got to the JFK air port in New york. The guy stamped a work permit thing to my I-94 and when I sent all my AOS documents I didn't send the work permit from because I had that stamp. Do I need to get the work permit too? Becuase I've seen a lot of people talking about their EAD card and I don't have one... what can I do? do I have to pay? where can I send the form to?

I just got my appointment date to have my biometrics taken... can I do something there? I would appreciate a piece of advice related to this subject... Thank you!

Unfortunately that stamp is not valid. You need to apply for the EAD and should have included it with your AOS application as it is a part of the fee you already paid. I'll leave it for someone else to answer if there is a way to apply still because I am unsure. Hopefully they'll have a solution for you to fix the problem.

Edited March 27, 2010 by Sousuke

[Kathryn41 3,205]

Sousuke is right. Also, any employment authorization that might have been available to you with the entry stamp was based upon the I-94 - the only valid status you had when you entered the US - and expired at the same time as the I-94. You need to request Employment Authorization based upon your new status as an applicant for Adjustment of Status. If you have received your NOA1 receipt from USCIS for the I-485, you can complete the I-765 Employment Authorization Document application and include a copy of the NOA. There is no fee even if you send in the I-765 after the I-485 since it is 'tied' to the I-485 - that is why you have to include a copy of the NOA. The only problem is, it will take around 80 days or so to process and if you are doing your biometrics for the AOS now, you may end up getting the green card approved before the EAD. Still, since there is no financial risk involved, send in the application and one way or another you will be authorized to work when you get either the EAD or the greencard - whichever is approved first. Until then , you are not allowed to work.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Special Instructions :

If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, and you paid the I-485 application fee required, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

Edited March 28, 2010 by Kathryn41

[carito123 0]

Holly ####### Thank you so much for the replies! I never applied to the work permit because the person who check all my paperwork stamp my I-94 and told me I could work using that... That's BAD NEWS! I'm going to have to wait even more now to get a job

Thanks! Im going to send it tomorrow... to the same address of the AOS?

[Usui Takumi 1,562]

Holly ####### Thank you so much for the replies! I never applied to the work permit because the person who check all my paperwork stamp my I-94 and told me I could work using that... That's BAD NEWS! I'm going to have to wait even more now to get a job

Thanks! Im going to send it tomorrow... to the same address of the AOS?

Yes, but make sure you have your NOA from your AOS first and include it. Otherwise it won't matched up to your AOS application.

Without the NOA they may reject it because your not going to be including a fee (ie. your trying to connect it to your existing application where you've already paid).