What if EAD doesn't come prior to expiration of Visa?Hell

[kfish2 0]

Hello - We just filed for AOS from K-1. Since the K-1 is only good through mid January, what happens with the EAD? Can my husband still work with an EAD (assuming it comes soon) even if his visa is expired and his AOS is still pending?

Thanks!

[Lainie B 465]

The visa expired the moment he entered, the date on the I-94 is what is important, I assume that's what you mean. Once his EAD arrives he will be allowed to work, regardless of the I-94 expiration date - the I-94 will be irrelevant.

Once he has filed for AOS and after the expiration of the I-94 but before the arrival of the EAD he is in a bit of a grey area - he is in a period of authorized stay (due to the AOS filing) but can't work, and doesn't really have anything to show as proof of authorized stay except for the NOA1 which most people don't recognize anyway.

[C-ma'am 684]

The visa expired the moment he entered, the date on the I-94 is what is important, I assume that's what you mean. Once his EAD arrives he will be allowed to work, regardless of the I-94 expiration date - the I-94 will be irrelevant.

Once he has filed for AOS and after the expiration of the I-94 but before the arrival of the EAD he is in a bit of a grey area - he is in a period of authorized stay (due to the AOS filing) but can't work, and doesn't really have anything to show as proof of authorized stay except for the NOA1 which most people don't recognize anyway.