Do you need to extend your visa if filed for greencard?

[kirat17 8]

I concurrently filed for my parents green card application (I130 and I485) in Dec and they have already received NOA, biometrics is done. we are just waiting on interview now if its required.

I also applied for I765 (employment authorization) and I131 (travel document) so that they can apply for social here or are able to travel out of US while the application is pending. But I haven;t received anything yet and their visitor visa valid for 6 months expires in May. 

Do I need to apply for their visa extension after May so that they can legally stay here in US till their green card is processed?

[Sm1smom 256]

Your parents will be considered to be in a valid status after their granted stay expires because they have a pending AOS petition. So there’s no need to file for an extension of stay. 

 

FYI: Having an approved EAD does not mean your parents can “apply for social”. They are not eligible to receive social security benefits by virtue of having an EAD card - they cannot benefit from something they’ve not contributed into. 

[geowrian 22,338]

They have authorized stay while the case is pending.

They won't be eligible for most public benefits for at least 5 years after getting their green cards. Other benefits are only available for those who have directly paid into the system (i.e. Social Security). An EAD only allows them to apply for an SSN and to work so they can contribute into those programs.

[kirat17 8]

2 minutes ago, Sm1smom said:

Your parents will be considered to be in a valid status after their granted stay expires because they have a pending AOS petition. So there’s no need to file for an extension of stay. 

 

FYI: Having an approved EAD does not mean your parents can “apply for social”. They are not eligible to receive social security benefits by virtue of having an EAD card - they cannot benefit from something they’ve not contributed into. 

thank you so much for your reply. 

And with social I meant applying for social security number so that they can apply for drivers license for ID purposes. 

[kirat17 8]

2 minutes ago, geowrian said:

They have authorized stay while the case is pending.

They won't be eligible for most public benefits for at least 5 years after getting their green cards. Other benefits are only available for those who have directly paid into the system (i.e. Social Security). An EAD only allows them to apply for an SSN and to work so they can contribute into those programs.

Thank you for the prompt reply! 

And my bad, I meant SSN so that they can apply for govt ID. I guess my concern is that when they will be traveling within US, at the airports, their Indian passport will show an expired visa, so do they need to carry their NOA with them, I suppose?

 

[geowrian 22,338]

24 minutes ago, kirat17 said:

Thank you for the prompt reply! 

And my bad, I meant SSN so that they can apply for govt ID. I guess my concern is that when they will be traveling within US, at the airports, their Indian passport will show an expired visa, so do they need to carry their NOA with them, I suppose?

 

Correct. They should carry their ID + NOA1.

Unless CBP is working with the TSA at that airport at that time, they won't check it for a domestic flight. But if they are, then having evidence of legal status or authorized stay is good. Here's a pinned thread on the subject:

 

[Penguin_ie 5,997]

***** Moving from Bringing Family to AOS from Work/ Tourist etc visa as Op's parents are already in the USA ******