Jump to content
Ana & Sebas

Can I work while waiting for my EAD

 Share

15 posts in this topic

Recommended Posts

Filed: F-1 Visa Country: Colombia
Timeline

image.png.01b8c3cdfe7146539499eafdd85bcd7e.png

Hi Everyone, 

 

This is my case: I was under F1 visa and doing my OPT year when I got married and filed for Green Card including EAD and AP combo. Unfortunally my OPT year ended before getting the EAD and I dont know if I can keep working or not.  I dont want to lose my job right now. It will be a terrible economic and profesional lose.

Does anyone know if I can keep working while I wait for the authorization. I know we are not suponed to start a new job while waiting, but since I was working while I applied can keep doing it? Please help!!!

Link to comment
Share on other sites

6 minutes ago, Ana & Sebas said:

image.png.01b8c3cdfe7146539499eafdd85bcd7e.png

Hi Everyone, 

 

This is my case: I was under F1 visa and doing my OPT year when I got married and filed for Green Card including EAD and AP combo. Unfortunally my OPT year ended before getting the EAD and I dont know if I can keep working or not.  I dont want to lose my job right now. It will be a terrible economic and profesional lose.

Does anyone know if I can keep working while I wait for the authorization. I know we are not suponed to start a new job while waiting, but since I was working while I applied can keep doing it? Please help!!!

You do not have work authorization. You cannot work. You could try to request an expedite under the criteria of "Severe financial loss to company or person" But it may be difficult to get that approved if the only thing that would happen is losing your job. You still have a spouse who works. Its a long shot.

Link to comment
Share on other sites

Agreed. You have an expired OPT and no EAD under your AOS application yet. As such, you are not authorized to work. This applies to both current employment (i.e. at the time of lapse of authorization) as well as new employment.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites

Filed: K-1 Visa Country:
Timeline

You qualify to apply for an expedite. Apply with USCIS and then get your congressman involved. Your situation is no different than those who get expedited from getting job offers so I don’t see how this would be a long shot. 

Link to comment
Share on other sites

Filed: F-1 Visa Country: Colombia
Timeline
5 hours ago, TNJ17 said:

You qualify to apply for an expedite. Apply with USCIS and then get your congressman involved. Your situation is no different than those who get expedited from getting job offers so I don’t see how this would be a long shot. 

Do you know how can I find out who my congressman is? also should I contact him/her first or your I go to USCIS first? Thank you

Edited by Ana & Sebas
Link to comment
Share on other sites

1 hour ago, Ana & Sebas said:

Do you know how can I find out who my congressman is? also should I contact him/her first or your I go to USCIS first? Thank you

Here is the link on how to request and expedite:

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume1-PartA-Chapter12.htm

 

That's your 1st step.

 

If you want to contact your congessman just google "how to contact my congressman in (state)" I'm not sure they would be able to do anything before you request the expedite.

 

Update us on how it goes.

 

Edited by EmmNM
Link to comment
Share on other sites

Filed: K-1 Visa Country:
Timeline
6 hours ago, Ana & Sebas said:

Do you know how can I find out who my congressman is? also should I contact him/her first or your I go to USCIS first? Thank you

Hmmm Google? That is basic knowledge. File for expedite with USCIS first then call congressman. 

Link to comment
Share on other sites

*~*~*moved to “working and traveling” where similar questions are asked*~*~* 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Belarus
Timeline

It's like asking "can I drive a car while waiting for my driver license". Lol, of course not. You can't work, you have no rights to do so.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Thailand
Timeline
1 hour ago, Springrain22 said:

It's like asking "can I drive a car while waiting for my driver license". Lol, of course not. You can't work, you have no rights to do so.

Doesn't mean you can't, it's just illegal. If you only knew how many citations I issue a day or even in a week for people driving without a license, or a suspended license it is insane. I always love the look I get when I ask for license and registration and they know they don't have a license. I'm usually pretty good about it and give them a chance to get a licensed driver to come pick up the car, I don't want them to get hit with towing and impound fees, but plenty of people drive cars without a license. I'm sure lots of people work without authorization as well, probably driving without a license to the job they are not authorized to work at. LOL

Here on a K1? Need married and a Certificate in hand within a few hours? I'm here to help. Come to Vegas and I'll marry you Vegas style!!   Visa Journey members are always FREE for my services. I know the costs involved in this whole game of immigration, and if I can save you some money I will!

 

 

 

Link to comment
Share on other sites

Filed: K-1 Visa Country: Colombia
Timeline
2 hours ago, Loren Y said:

Doesn't mean you can't, it's just illegal. If you only knew how many citations I issue a day or even in a week for people driving without a license, or a suspended license it is insane. I always love the look I get when I ask for license and registration and they know they don't have a license. I'm usually pretty good about it and give them a chance to get a licensed driver to come pick up the car, I don't want them to get hit with towing and impound fees, but plenty of people drive cars without a license. I'm sure lots of people work without authorization as well, probably driving without a license to the job they are not authorized to work at. LOL

Or to be in the Country

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Kenya
Timeline
4 hours ago, Loren Y said:

Doesn't mean you can't, it's just illegal. If you only knew how many citations I issue a day or even in a week for people driving without a license, or a suspended license it is insane. I always love the look I get when I ask for license and registration and they know they don't have a license. I'm usually pretty good about it and give them a chance to get a licensed driver to come pick up the car, I don't want them to get hit with towing and impound fees, but plenty of people drive cars without a license. I'm sure lots of people work without authorization as well, probably driving without a license to the job they are not authorized to work at. LOL

Maybe one day you can offer to park, lock, and leave your prowler on the side of the road and drive them home, then Uber back for your prowler. Yes?

AOS, ROC, N-400, & PASSPORT, FOR HUSBAND TO USC

[02/23, 2012]  - DAY 001  (day 0001) (AOS) Mailed package to Chicago Lockbox via USPS overnight
[06/01, 2012]  - 
DAY 099  (day 0099) 2-year Conditional GC in hand
[05/05, 2014]  - DAY 001  (day 0802) (ROC) Mailed package to Vermont Service Center via USPS overnight

[05/14, 2014]  - DAY 009  (day 0811) Received NOA1 (GC Extended for 1 year)

[01/14, 2016]  - DAY 620  (day 1421) 10-year GC in hand

[02/22, 2017]  - DAY 001  (day 1826) (N-400) Mailed package to Lewisville, TX, via USPS overnight

[01/10, 2018]  - DAY 323  (day 2149) (N-400) Naturalization Oath Ceremony (5 years, 10 months, 19 days)

[01/10, 2018]  - DAY 001  (day 2149) (US Passport) Applied for US Passport, regular processing

01/25, 2018]  - DAY 015  (day 2164) (US Passport) Passport in hand (5 years, 11 months, 3 days from start of Journey.)

 

AOS, N-400, & PASSPORT FOR DAUGHTER [OF HUSBAND TO USC]

[06/14, 2013] - DAY 001 Mailed package to Chicago Lockbox via USPS overnight
[11/21, 2013] - Day 153 SSN and 10-year GC in hand

09/01, 2021]  - (day 3001) (US Passport) Passport in hand (8 years, 2 months, 18 days from start of Journey.)

_____________________________________________________________________________________________________________________

 

Except the Lord build the house, they labour in vain that build it: except the Lord keep the city, the watchman waketh but in vain. Psalm 127:1

Link to comment
Share on other sites

5 hours ago, Loren Y said:

Doesn't mean you can't, it's just illegal. If you only knew how many citations I issue a day or even in a week for people driving without a license, or a suspended license it is insane. I always love the look I get when I ask for license and registration and they know they don't have a license. I'm usually pretty good about it and give them a chance to get a licensed driver to come pick up the car, I don't want them to get hit with towing and impound fees, but plenty of people drive cars without a license. I'm sure lots of people work without authorization as well, probably driving without a license to the job they are not authorized to work at. LOL

LOL ! Stay safe sir ! What Dept are you with?

Link to comment
Share on other sites

Filed: F-1 Visa Country: Colombia
Timeline
On 21/7/2018 at 2:28 PM, Springrain22 said:

It's like asking "can I drive a car while waiting for my driver license". Lol, of course not. You can't work, you have no rights to do so.

Well, it is not the same. Based on the USCIS people in OPT can work after this is expired while applying for H1 which is a work authorization. You can find the info in this link https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations

 

So I guess it is valid to think that it is possible to work after the OPT is expired. 

Link to comment
Share on other sites

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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...