About to file for AOS, OPT expiring, work?

[onelildustbunni 0]

Hi!

 

I'm a Canadian citizen, married to a US citizen since last August. Times have been tight as I was a student (on an F-1 visa), and only now have we saved up enough to file for my Adjustment of Status. 

1. I am currently on an OPT visa, which expires Feb 05, 2018. I am in status, have a full time job that matches my field of study.

2. I have my Civil Surgeon exam on Nov 1/ will deliver packet to our lawyer on Nov 2. He said it will take max 15 days for him to send it out after that, which puts the mailing date at Nov 17. Allowing a week for delivery of packet to USCIS,  that would put the filing date at Nov 27.

 

Now for my question: I would like to keep working at my current job, which is great, while I'm waiting for the AOS to go through (and possibly afterward--it's a great job and I love the team I work with). I am filing for the AoS based EAD of course, but that takes 90 days to obtain. There are 70 days between Nov 27 & Feb 05, meaning for 20-30 days, the EAD card I have from my OPT visa will have expired, but I probably won't have received the EAD I am applying for yet (the one through my AoS application). Does this mean I would have to resign from my job? I am wondering if there is a grace period, since the duration between EAD's would be short.

 

I asked my lawyer this question and he said: "Work Authorization: As the spouse of a U.S. citizen, an alien applicants employment in the U.S. without work authorization is not a bar to adjustment of status. However if your employer insists on seeing evidence of work authorization before they employ you then you won't have work authorization through the adjustment process for four to five months." This makes it sound like I would not have to resign? I am a world class worrier though, and concerned about keeping a squeaky clean record, so I want to make sure. 

 

Advice very appreciated! 

[TamaraN 72]

19 minutes ago, onelildustbunni said:

Hi!

 

I'm a Canadian citizen, married to a US citizen since last August. Times have been tight as I was a student (on an F-1 visa), and only now have we saved up enough to file for my Adjustment of Status. 

1. I am currently on an OPT visa, which expires Feb 05, 2018. I am in status, have a full time job that matches my field of study.

2. I have my Civil Surgeon exam on Nov 1/ will deliver packet to our lawyer on Nov 2. He said it will take max 15 days for him to send it out after that, which puts the mailing date at Nov 17. Allowing a week for delivery of packet to USCIS,  that would put the filing date at Nov 27.

 

Now for my question: I would like to keep working at my current job, which is great, while I'm waiting for the AOS to go through (and possibly afterward--it's a great job and I love the team I work with). I am filing for the AoS based EAD of course, but that takes 90 days to obtain. There are 70 days between Nov 27 & Feb 05, meaning for 20-30 days, the EAD card I have from my OPT visa will have expired, but I probably won't have received the EAD I am applying for yet (the one through my AoS application). Does this mean I would have to resign from my job? I am wondering if there is a grace period, since the duration between EAD's would be short.

 

I asked my lawyer this question and he said: "Work Authorization: As the spouse of a U.S. citizen, an alien applicants employment in the U.S. without work authorization is not a bar to adjustment of status. However if your employer insists on seeing evidence of work authorization before they employ you then you won't have work authorization through the adjustment process for four to five months." This makes it sound like I would not have to resign? I am a world class worrier though, and concerned about keeping a squeaky clean record, so I want to make sure. 

 

Advice very appreciated! 

I don’t know the answer to your question, but I know people who have pending job offers can apply to have EAD expedited. Since you already have a job, that may be an even better reason to expedite.

 

Also, EAD is currently taking closer to 4 months.

 

If needed, would your employer hold your job for you? I wouldn’t risk getting in trouble for working without permission.

[ColoradoBeauty 79]

15 hours ago, onelildustbunni said:

Hi!

 

I'm a Canadian citizen, married to a US citizen since last August. Times have been tight as I was a student (on an F-1 visa), and only now have we saved up enough to file for my Adjustment of Status. 

1. I am currently on an OPT visa, which expires Feb 05, 2018. I am in status, have a full time job that matches my field of study.

2. I have my Civil Surgeon exam on Nov 1/ will deliver packet to our lawyer on Nov 2. He said it will take max 15 days for him to send it out after that, which puts the mailing date at Nov 17. Allowing a week for delivery of packet to USCIS,  that would put the filing date at Nov 27.

 

Now for my question: I would like to keep working at my current job, which is great, while I'm waiting for the AOS to go through (and possibly afterward--it's a great job and I love the team I work with). I am filing for the AoS based EAD of course, but that takes 90 days to obtain. There are 70 days between Nov 27 & Feb 05, meaning for 20-30 days, the EAD card I have from my OPT visa will have expired, but I probably won't have received the EAD I am applying for yet (the one through my AoS application). Does this mean I would have to resign from my job? I am wondering if there is a grace period, since the duration between EAD's would be short.

 

I asked my lawyer this question and he said: "Work Authorization: As the spouse of a U.S. citizen, an alien applicants employment in the U.S. without work authorization is not a bar to adjustment of status. However if your employer insists on seeing evidence of work authorization before they employ you then you won't have work authorization through the adjustment process for four to five months." This makes it sound like I would not have to resign? I am a world class worrier though, and concerned about keeping a squeaky clean record, so I want to make sure. 

 

Advice very appreciated! 

Hi,

 

I don't exactly have an answer, but since you have the privilege of a lawyer to answer questions, I am just wondering if your lawyer condone your action to continue working without EAD. Sounds like your lawyer is leaving it up to your employer.

In my case, I'm the only non US citizen employee they have, so my employer consulted a lawyer on it, and that same lawyer told me I have to get a new EAD before my current one expires to be able to continue working.