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samer03

EAD from family based Adjustment of status

By samer03 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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samer03 Newbie

samer03   0

Posted
Filed: AOS (pnd) Country: Pakistan
 Timeline
Posted

Hi All,

 

I am an Engineer, working on a status of "F1 Student: Post completion OPT" and have an EAD card which is expiring on Jan 31, 2017. I recently got married and filled for Employment Authorization along with my Adjustment of status/Green card application. 

Following is my timeline:

Nov 17, 2016: USCIS received my application packet I-130, I-485 (I-864 & I-765)

Dec 02, 2016: I-485 received at their National Benefits center

Dec 14, 2016: Got RFE for I-864

Dec 27, 2016: RFE documents submitted and received by USCIS 

Jan 10, 2017: Bio-metrics appointment at USCIS application service center.

 

Now I am waiting for USCIS to call me for interview or send me a new EAD card. As my old EAD is expiring on Jan 31, 2017, which is next week. Am I allowed to work with an un-expired EAD since I am waiting for my new EAD or Green card?

 

I would really appreciate if anyone can help me out. I am really worried.

 

Thank you,

 

Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

You are allowed to work until January 31. Then you can start working again after you receive either the EAD or your green card. The EAD is usually the faster document to be received.  However, you cannot work between the expiration of the old EAD and the issuance of the new EAD. 

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

samer03 Newbie

samer03   0

Posted
Filed: AOS (pnd) Country: Pakistan
 Timeline
  • Author
Posted (edited)

I thought USCIS has a rule where you can engage in an un-authorized employment for upto 180 days if you are waiting for adjustment of status to be approved.

 

It was mention in this link: https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-7406.html

 

But I am still not sure if this applies to me or not. Any suggestion will be appreciated. 

Edited by samer03
aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted
1 hour ago, samer03 said:

I thought USCIS has a rule where you can engage in an un-authorized employment for upto 180 days if you are waiting for adjustment of status to be approved.

 

It was mention in this link: https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-7406.html

 

But I am still not sure if this applies to me or not. Any suggestion will be appreciated. 

There is no loophole.  Ask your employer if they are fine with employing you without work authorization.  

 

You can not work without work authorization.  Period.  

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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