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Filed: K-1 Visa Country: Australia
Timeline
Posted

When i file. for the 3 year GC with the I-130 and I-485, how long does it take usually before i can legally work? i heard its ok to work while the paperwork is pending?

I might have a really good job lined up and im trying to get legal for work asap.

Just so you know, this is the first set of papers we are filing due to financial reasons and so yes i have been in the USA for 3 years now :'( but everything seems to be flowing well for my wife and i now.

Posted (edited)

File the I-765 as well so you get the EAD, as this usually arrives faster than the green card. You can't start work until your EAD is in your hand. You will need to show it to your employer on your first day of work when you fill in the I-9 form.

Edited by Lainie B
Filed: Citizen (apr) Country: Canada
Timeline
Posted

When i file. for the 3 year GC with the I-130 and I-485, how long does it take usually before i can legally work? i heard its ok to work while the paperwork is pending?

I might have a really good job lined up and im trying to get legal for work asap.

Just so you know, this is the first set of papers we are filing due to financial reasons and so yes i have been in the USA for 3 years now :'( but everything seems to be flowing well for my wife and i now.

There is no 3 year GC. Only 2 year or 10 year.

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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Yeah sorry im retarded im getting the 10 year skipping the 2

Also if my passport was stamped "Employment Authorized" at POE when i first came to the USA does that only last until the K1 expires?

That stamp is not valid for K-1 entrants to use, you have to have an EAD or green card to work legally in the USA.

The stamp used to be valid for K-1 entrants to use but it has not been for some years.

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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Filed: AOS (apr) Country: Australia
Timeline
Posted

During my interview with the tossers at the Philly immigration centre....they told me I was 'legal' to work under the K1 visa on entry??? Yeah...odd? as I didnt think I was....but, It is only valid for 3 mths ...I mentioned to the jerk interviewing me, that no employee would want to hire me with only a 3 mth work stint....and he said, yes but most know your Green Card is in the mail....so you could have started work the day after you arrived in the country....

Not sure if its true what he said... but thats what I was told...

I didnt apply for my jobs until I got the green card....as most of the jobs wanted to know if I had something to show them stating i was valid to work....

if I was you....Ide take the opportunity at hand....show them your green card later once its issued....shouldnt take more than a week once you send off your stuff??

Filed: Citizen (apr) Country: Australia
Timeline
Posted (edited)
if I was you....Ide take the opportunity at hand....show them your green card later once its issued....shouldnt take more than a week once you send off your stuff??

The OP is not legal to work without the EAD or GC. i'm not entirely sure what you mean when you say "shouldn't take more than a week once you send off your stuff". You're not legal just by filing AOS...

When i file. for the 3 year GC with the I-130 and I-485, how long does it take usually before i can legally work? i heard its ok to work while the paperwork is pending?

I might have a really good job lined up and im trying to get legal for work asap.

Just so you know, this is the first set of papers we are filing due to financial reasons and so yes i have been in the USA for 3 years now :'( but everything seems to be flowing well for my wife and i now.

Sorry but without the EAD or GC you are not legal to work. You complete a form called an I-9 when you are hired for work which lists acceptable documents for work.

Edited by Vanessa&Tony
Posted

There used to be a loophole that allowed K-1s to work upon entry but that is no longer the case. Even when it was, it would only be 90 days. You'll have to wait for your EAD which takes about 90 days. You can try to request an expedite if you have a job offer in hans but it is not guaranteed.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Filed: Citizen (apr) Country: Canada
Timeline
Posted

if I was you....Ide take the opportunity at hand........show them your green card later once its issued....shouldnt take more than a week once you send off your stuff??

Don't do that. Working prior to receiving your approved EAD or GC is illegal. You can't just show them your GC later once it's issued.

The only thing you can semi expect to be done in a week is for them to acknowledge they received your application. You can check timelines on VJ but most people nowadays receive their EAD in about 3 months. GC can take 6 months when you adjust from a K1.

US citizen since April 2016

ROC completed April 2014

AOS from K1 completed February 2012

Filed: Country: Vietnam (no flag)
Timeline
Posted

Don't do that. Working prior to receiving your approved EAD or GC is illegal. You can't just show them your GC later once it's issued.

The only thing you can semi expect to be done in a week is for them to acknowledge they received your application. You can check timelines on VJ but most people nowadays receive their EAD in about 3 months. GC can take 6 months when you adjust from a K1.

Sf2007 is correct. You cannot legally work without the EAD. "Taking the opportunity at hand" and "showing your card later after it issued" is illegal and bad advice. You would be putting your AOS at risk. Don't do it. It's not worth risking your green card to work illegally.

Posted

Have you already filed for AOS? You'll need AP to leave the country and an EAD to work. You can ask to expedite them after you have your receipt for them (filed with AOS) but it isn't guaranteed.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Filed: Country: Vietnam (no flag)
Timeline
Posted

I was just offered a great job today that would start me april 2nd however i would need to fly into Montreal for 2 week training which means crossing a border... Is there anyway i can JUST get legel to work ASAP while filing for the AOS and GC or someone i could call to talk to?

When you apply to adjust your status, you can file for an EAD (Employment Authorization Document) & AP (Advance Parole). With the EAD, you can take the job. With the AP, you can leave the US and return without abandoning your adjustment.

You cannot legally work without the EAD. There is no way around this.

Leaving the US without AP means that you will abandon your adjustment and you will not be allow to reenter the US. There is no way around this either.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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