I-765 Applied before applying to AOS

[KooksiPou 0]

Hi, i'm going through a hard time understanding the issue with applying for an EAD (I-765) before and after AOS.

So here is my story and It would be great if someone can help me find out if I did the right thing or I messed up.

I came to the United States, on March 15 2014 and I got a stamp on my passport that the K1 ends on June12. On March 17, I sent my I-765 application to the Texas office. They acknowledge the receipt of the application by sending me a NOA saying that the received date is March 21 and the notice date is March 25. On April 28, we got married and we are waiting for the marriage certificate. As soon as I get the marriage certificate, which we should get anytime now, we will apply for the AOS.

The USCIS website states that the EAD takes about 3 months for me to get it. That being said, I should get it around June 21. But on visa journey.com they mentioned that if you apply before getting married the EAD will expire at the same time as the K1 visa. So what I don't get is if the EAD would need 3 months for me to get it and that is June 21 and my K1 expires on June 12, how would USCIS issue an EAD? Would they issue an expired EAD because that doesn't make any sense.

By the time I apply for the AOS which it should be very soon, would the EAD get extended because I got married and my I-485 is pending? CAn I renew the EAD if it expires?

The most confusing part is that the USCIS website doesn't mention when should I apply the EAD.

I would really appreciate it if someone can help me answer some of those questions.

Thanks

[Caryh 5,206]

Yes you messed up. The work permit will expire with the I-90, if you even get it in time.

re-apply for the EAD with the AOS. Its free with the AOS fee.

[Harpa Timsah 13,258]

Sorry, you messed up. But it's okay. USCIS should take that option off the books, so others aren't also confused.

The EAD you applied for will be approved around June 12, and will expire on June 12. Done deal.

When you apply for AOS, you should apply for a new (free) EAD based on category C9. Then, when approved, you will get an EAD that will not lapse until you get your GC.

Good luck.

[KooksiPou 0]

Ok thanks for the help, will re-apply for a new EAD. Do you know how long will it take to get the new EAD? Another 3 months?

Will a company accept me to work for them if I show the proof that I applied for a new EAD?

[Caryh 5,206]

Ok thanks for the help, will re-apply for a new EAD. Do you know how long will it take to get the new EAD? Another 3 months?

Will a company accept me to work for them if I show the proof that I applied for a new EAD?

Yes about another three months, but you may not need to redo the biometrics appointment.

No you cannot work legally until you have the EAD in hand. Do go now to get your SS number, if you haven't already.

[KooksiPou 0]

Ok thanks. I already have an SS number.

[KooksiPou 0]

When resubmitting the form I-765 there is a question that says "Have you ever applied for employment authorization USCIS", should my answer be yes or no? if yes then I need to provide with proof which I don't have because I haven't received the first EAD.

[Caryh 5,206]

When resubmitting the form I-765 there is a question that says "Have you ever applied for employment authorization USCIS", should my answer be yes or no? if yes then I need to provide with proof which I don't have because I haven't received the first EAD.

That would be your notice of action letter on your current application.

[KooksiPou 0]

thanks for your help

[Caryh 5,206]

You may want to include an explanation letter of having applied early not realizing it would expire with the I-94.

[KooksiPou 0]

Will do thanks.

Do you think if I apply through a lawyer, I would get the EAD faster?

[Boiler 45,557]

No

[Caryh 5,206]

Will do thanks.

Do you think if I apply through a lawyer, I would get the EAD faster?

It will likely take longer. You have to give all the info and documents to a lawyer, wait for them to get around to filling out the forms, for you to return and sign, then wait for them to send them.

Lawyers do not make things faster with most immigration issues unless you're incapable of doing it yourself.

[KooksiPou 0]

When filling out the new form I-765 should I check the renewal of permission to accept employment?

Can I file the form I-485 with just a proof of marriage (the paper that I got when I got married) or wait for the official marriage certificate?

[KooksiPou 0]

All of you were wrong I just got my EAD and it's valid for three months