E3 visa expiring, spousal AOS/EA not approved yet

[Chosen_Two 0]

Hi guys,

My situation

- I am an Australian citizen in the US.

- originally entered under an E3 visa

- married a US citizen in 2013 (we now have a [uS Citizen] child together)

- have submitted my I-485, I-130 & I-765

I am yet to receive a decision from the USCIS regarding employment authorization or anything else. I had a request for information which I responded to in less than 36 hours, and I've had my biometric scan.

What are my options if my authorization hasn't come through when my E3 visa expires. Do i have to leave the country until authorization comes through?

Please let me know your thoughts!

Thanks!

[Darnell 8,478]

Supposedly you are in a new period of authorized stay,

the receipt notices you have being the only status you'll have.

As to further working, chase down the EAD status nowish, as the EAD is usually granted about 90 days after filing the big AOS set (you did include the I-765 form, right?) irrespective of status, unless you have an RFE still in play.

Since you not make any official timeline,

over at

http://www.visajourney.com/timeline/profile.php?id=151912

http://www.visajourney.com/timeline/profile.php?id=151912

http://www.visajourney.com/timeline/profile.php?id=151912

I invite you to do so now, so that others can chime in with directed answers on your questions.

Edited January 16, 2014 by Darnell

[aussie_jason 195]

You don't have to leave the country and if you did then you would abandon your green card application so don't do that, however if you are currently working through your E3 then you will need to take an unpaid leave of absence from when it expires until you have your EAD in hand.

When did you have your biometrics appointment and what does the rest of your timeline look like? It should only take 60-90 days from the receipt of your I-765 to get your EAD.

Source: Am going through the exact same thing minus the child

[Chosen_Two 0]

You don't have to leave the country and if you did then you would abandon your green card application so don't do that, however if you are currently working through your E3 then you will need to take an unpaid leave of absence from when it expires until you have your EAD in hand.

When did you have your biometrics appointment and what does the rest of your timeline look like? It should only take 60-90 days from the receipt of your I-765 to get your EAD.

Source: Am going through the exact same thing minus the child

I initially submitted all the forms on Nov. 16 2013, had the biometric Dec. 26 2013.

Really hope I get it soon as unpaid LOA will be rough!

Thanks for your response - good luck with your application.

[Darnell 8,478]

to be certain, you not need to leave the country, as there is an adjustment of status case in play.

should you leave the USA, USCIS will deem your AOS case to be abandoned. They might not catch up with you at the time of leaving, but sooner or later they will catch up on yer casefile after leaving.

But don't worry about that, as

when the greencard is awarded, any OVERSTAY is automagically forgiven WITHOUT you asking for it or filing any more paperwork.

As I understand yer current dilemma, you think the EAD application is on hold because of the RFE. You can talk with a Tier 2 Human at USCIS and suss out what's what with the RFE and they should give you a timeframe on the EAD issuance.

Getting a Tier 2 Human is not a trivial thing, so bear that in mind when yer planning yer telephone inquiry. Since the biometrics are already done, expect an EAD card at least 90 days after Nov. 16 2013.

Edited January 16, 2014 by Darnell