J-1 to Greencard - Can she work during AOS?

[Toby Cannon 0]

Hey guys.

My partner and I have just got married and are going through all the paper work to get her a Greencard at the moment. What I want to know is can my spouse, who came here on an J-1 visa and is currently employed by the original employer, continue to work after her visa has expired? The employer has offered her full time employment so there is no problem at that end. If she's not covered for employment at the end of the visa does she have to apply for a I-765 Employment Authorization???

[didopage 337]

She needs to apply for the EAD at the same time as the AOS. The EAD should be approved in 2-3 months.

If her visa is expired and she has no EAD, she can't work legally. When does her visa expire?

[Harpa Timsah 13,258]

She can work up until her visa expires. By that point, to continue working, she needs the EAD document approved.

[Toby Cannon 0]

Excellent thank you.

I'm also currently filling in the I-864 Sponsor form.

In the section asking for my income do I put my projected income for the year by multiplying hourly wage X hours worked per month X 12 months?

[Toby Cannon 0]

Also regarding attached forms, photocopies etc, do I have to provide multiple copies for each form being filed even if they are being filed together? Also if I'm opting to file the G-1145 E- Notification do I need to file this multiple times for notification of each document?

[didopage 337]

Also regarding attached forms, photocopies etc, do I have to provide multiple copies for each form being filed even if they are being filed together? Also if I'm opting to file the G-1145 E- Notification do I need to file this multiple times for notification of each document?

Yes, you need to prepare each application separately, which implies including several documents in double, or triple. You can then use a paper clip to separate each application in your package.

Only one G-1145, placed on top of your packet. Take a look at this Checklist, it will help you: http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/ But it's for an AOS from K-1, so be careful. You also need to include an I-130 petition and docs in your case, filed by you, the US citizen. AOS, EAD and AP form are filed by the non-US citizen.

Edited February 21, 2013 by didopage