Working permit expire while applying for changing status Form I-485

[Quang-Nhung 0]

Hi,

I need help if someone know if my wife can still stay in the US legally while she is applying for her 2 years Green Card (Form I-485). We filed the all the forms on Oct 28, 2017 and had receive the receipt and she also went to the USCIS office in Oklahoma City to do her finger print. We are worried because her working permit will expire on July 26, 2018 but the processing time that I checked on USCIS website for Oklahoma is 9 months to 15 months average. Therefore, by the time she get her interview for Green Card, her working permit already expired. I wonder if she still can stay in the US legally when her working permit expired. She is currently using the working permit for international student. Would you please let me know what should I do to keep her stay in the US? We just have a baby on Feb, he is a month old tomorrow. I don't want to be separate from them because from what I know once her working permit expire, she can not stay in the US, is that true?

 

Thank you,

 

Quang

[Roel 7,193]

She won't be illegal as long as her aos won't be denied. It's fine when it's still processing. She is legal based in her pending status. Work permit really doesn't matter when it comes to legal/illegal status. It's just necessary if your wife want to work while waiting for a green card. 

 

Just apply for the ead extension if she won't get her green card in time. 

Edited March 27, 2018 by Roel