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adarklingplain

Confused about employment authorization

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I am currently working in Florida on a Q-1 Cultural Exchange Visa which only authorizes me to work for one employer. My husband and I are considering either adjusting status or filing for a CR1 visa - it's a bit of a long story as to why this is!

One of the reasons we're a bit confused as to whether adjust status or not is in regards to filing for an EAD. If by the time we send the entire AOS package off, and I have 6 months remaining on my Q-1 visa, at what point (if any) will the Q-1 be invalidated? If I have another 6 months on my Q-1 visa left and as such am entitled to work for those 6 months, am I fine to apply for an EAD and continue my employment? Or will filing for adjustment of status and for an EAD render my Q-1 invalid, meaning that I will have to stop working until the EAD is authorized at which point I would be free to seek employment anywhere I liked?

Sorry if this is confusing... I'd happily clarify any points if this doesn't make much sense!

Thanks a lot.

Edited by adarklingplain
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Usually, if you are in a valid nonimmigrant status (typically F-1) and apply for AoS then you remain in that existing status until you assert any privileges based on your pending AoS. This could be: travelling on AP, or working for an off-campus employer and presenting your EAD as proof you can work. At that point you go out of F-1 and enter "AoS pending".

I can't 100% say for sure it's the same as for Q-1, but I'd be surprised if it wasn't.

In short, I think you'd be fine to apply for AoS and apply for an EAD, and your valid Q-1 status wouldn't be invalidated until you used either your AP or EAD from your pending AoS.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Yep. You can keep working. Your visa will be terminated immediately upon AOS receipt, but your status won't. So that means you can continue working like before, but you can't travel without AP.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: AOS (apr) Country: Taiwan
Timeline

Sorry to steal your post, I have one question, that I am current on F1 and doing AOS, I already have a SSN but with limited condition on it, Will I need to get a new Social security card after I get my EAD?

F1 student

06-2013 - Got married to USC

08-2013 - Preparing all documents

10-2013 - Preparing all documents

10-22-2013 - Sent out application package (I-130,I-485, I-765, I-131) with USPS priority express guarantee delivery on 10-24 ( Thursday) by noon

10-28-2013 - Got email/text notification for all four applications (I-130,I-485, I-765, I-131)

11-04-2013 - Received Biometric appointment notice for I-485 and I-765 on 11-18-2013

11-18-2013 - Done Biometric appointment

11-27-2013 - I-485 Status changed to Interview and Testing

12-19-2013 - I-765 online status changed to Card/Doc. Production, I-131 Approved, status change to Post Decision

12-24-2013 - I-765 online status changed to Card Mailed. without tracking number.

12-27-2013 - Received EAD/AP combo card in mail

03-26-2014 - Email/Text Notification Interview Date scheduled on April 29.

04-29-2014 - Interview at Salt Lake office, 15 min, Approved.

04-29-2014 - Status changed to Card Production/Decision

05-02-2014 - Status changed to Card Mailed and will arrive on May 5th.

05-03-2014 - Received Green Card in mail earlier than scheduled.

05-06-2014 - Received Approval Notice letters for both I-130 and I-485

03-12-2016 - Sent out I-751 remove condition

04-07-2016 - I-751 Biometric appointment

11-14-2016 - I-751 Request for Evidence

01-26-2017 - I-751 Sent out respond for RFE

02-07-2017 - USCIS Ordered the New Card

02-10-2017 - New card was mailed

02-14-2017 - New card arrived in mail

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No.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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