Working in US and travel outside, while waiting for AOS

[Nishris 16]

Hi Members,

 

I am trying to learn more about the entire process, after K1 visa approval.

 

I understand one can apply for AOS, EAD, AP after marriage in USA within 90 days of arrival as per K1 requirements.

 

Would like to know following specific questions:

1. Can one work in USA while waiting for AOS and pending EAD (in-process)? Is that even possible or does one has to obtain EAD approval before doing so.
2. Are online freelancing jobs allowed to be done while waiting for EAD approval ?
3. Is there a way to expedite EAD processing?
4. Is travel outside USA allowed in any condition while waiting for AOS. Does just having applied for AP (advance parole) allow one to leave USA?
5. The processing time for I-131 for AP is too long. Does AOS happens before AP,  if so what is the purpose of applying for AP ?

 

Kindly assist with the above queries.

 

Thanks.

 

[Noname93 200]

1. No, you cannot work until you get EAD

2. I'm pretty sure any type of work is still work, so no

3. Not sure, but if so I imagine  it would have to be for a REALLY good reason or everyone would do it

4. If you leave before you have AP (approved not  just applied) you will abandon your AOS and will have to start a new greencard application (other than AOS this time because you'd no longer be in the country)

5. AOS can happen before AP, but most times takes longer. AP and EAD allow you to work and travel. If you file them with your AOS application they are free so there's nothing lost if you end up getting approved for AOS first.

[Unlockable 7,314]

1. No. You have to have the EAD in order to work.

2. Nope. Still considered work.

3. Yes. Usually with a job offer or evidence of extreme financial hardship

4. No. You have to have the AP to be able to travel and return

5. If AOS is complete before AP then there will be no need for AP. That is one of the reasons why the fee for AP is waived when applying for AOS.

 

And this is why the K1 visa sucks. Yes, it has benefits in certain situations but the spousal visa is far more superior. With the spousal visa you would be able to do everything you just asked about from day 1of entering the US. People mostly get caught up in the "it's faster" part of the K1 yet overlook all of the limitations it come with it.
 

If working and traveling is important to you then the K1 visa is not the way to go. 

[Nishris 16]

5 minutes ago, Unlockable said:

 

If working and traveling is important to you then the K1 visa is not the way to go. 

Agree to your point. But also with the pandemic, processing timelines are too long. When we applied K1 was the best option for us back then and after so much waiting there is no going back. But now tired of waiting for file moving to Embassy from NVC post NOA2. Seems like a never ending process and patience testing waiting times 😞

[aaron2020 11,651]

57 minutes ago, Nishris said:

Hi Members,

 

I am trying to learn more about the entire process, after K1 visa approval.

 

I understand one can apply for AOS, EAD, AP after marriage in USA within 90 days of arrival as per K1 requirements.

 

Would like to know following specific questions:

1. Can one work in USA while waiting for AOS and pending EAD (in-process)? Is that even possible or does one has to obtain EAD approval before doing so.
2. Are online freelancing jobs allowed to be done while waiting for EAD approval ?
3. Is there a way to expedite EAD processing?
4. Is travel outside USA allowed in any condition while waiting for AOS. Does just having applied for AP (advance parole) allow one to leave USA?
5. The processing time for I-131 for AP is too long. Does AOS happens before AP,  if so what is the purpose of applying for AP ?

 

Kindly assist with the above queries.

 

Thanks.

 

1.  No.  You will have to wait for an EAD to legally work.  The current wait is 6-8 months for an EAD.

2.  No.  You are not authorized to work in the US until you get an EAD.  You can not have any job until you get an EAD.

3.  You can request an expedite if you have a written job offer.  

4.  You can leave anytime you want.  If you leave without AP in hand, you will automatically be abandoning your AOS and you will not be allowed back in the US.  You need AP in your hands when you leave the US in order to be allowed to return to the US to continue your AOS.  The current wait for AP is 6-8 months.

5.  AP is part of the AOS process.  AOS is a very long process and you will want AP during this process if you plan on leaving the US.  You can file for AP at anytime you're in AOS.  AP becomes irrelevant after you get your green card.  The purpose of AP is the ability to leave the US and return without abandoning your AOS.  

[Nishris 16]

2 hours ago, aaron2020 said:

1.  No.  You will have to wait for an EAD to legally work.  The current wait is 6-8 months for an EAD.

3.  You can request an expedite if you have a written job offer.  

4.  You can leave anytime you want.  If you leave without AP in hand, The current wait for AP is 6-8 months.

I am checking Processing Times (uscis.gov), this is what I see for California Service Center (CSC):

I-765 for EAD - 4 Months to 9 Months

I-131 for Advance Parole - 21.5 Months to 28 Months

I-485 for AOS - 12 Months to 31.5 Months

Is this the right place to look for processing timelines, these suggest a very long waiting period, am I missing something.

 

So EAD/AP can be part of AOS application, and can be submitted separate later from AOS application, is that the case?

 

Moreover regarding the job offer you mentioned, does it mean I can still look for job/give interview once in USA and use offer letter to expedite. Is there provision to work if a person already holds a TN visa, just wanted to know what other visas allows one to work asap.

[HRQX 4,145]

14 minutes ago, Nishris said:

this is what I see for California Service Center (CSC)

CSC won't touch any of your applications.

I-765 is processed by NBC: 4 Months to 9 Months

I-131 is processed by NBC: 3 Months to 5 Months

I-485 is initially sent to NBC and then transferred to your local Field Office (per your ZIP code): check I-485 processing times at your local Field Office https://egov.uscis.gov/processing-times/

14 minutes ago, Nishris said:

So EAD/AP can be part of AOS application, and can be submitted separate later from AOS application, is that the case?

https://www.uscis.gov/sites/default/files/document/forms/i-485instr-pc.pdf

Filing Form I-485 with Forms I-765 and I-131
If you properly file Form I-485 and pay the required fees, you may file Form I-765 and Form I-131 without paying additional fees. You may file these forms together, or if you choose to file Form I-765 or Form I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence that you filed and paid for Form I-485.

14 minutes ago, Nishris said:

Is there provision to work if a person already holds a TN visa

Nope; that is not a loophole. Cannot hold 2 statuses at the same time. When entering the US you are in 1 NIV status. Depending on that status, you may or may not change to another NIV status; COS via I-539. After the change, you'll still only have 1 NIV status.

 

Note that pending AOS is not a status. While I-485 is pending you are in a period of stay authorized by the Secretary of Homeland Security.

Edited February 4, 2021 by HRQX

[Noname93 200]

6 hours ago, Nishris said:

I-131 for Advance Parole - 21.5 Months to 28 Months

AP does not take that long for someone applying for AOS. It has a similar waiting time to EAD give or take a month or two.

[Duke & Marie 1,389]

17 hours ago, Nishris said:

Agree to your point. But also with the pandemic, processing timelines are too long. When we applied K1 was the best option for us back then and after so much waiting there is no going back. But now tired of waiting for file moving to Embassy from NVC post NOA2. Seems like a never ending process and patience testing waiting times 😞

Nothing about migration is speedy... I’ve been at it 3 years this year and still no closer than when we first started... the file does move, just very very very slowly all you can do is be patient, good things come to those who wait 

[Duke & Marie 1,389]

6 hours ago, Noname93 said:

AP does not take that long for someone applying for AOS. It has a similar waiting time to EAD give or take a month or two.

I’ve been waiting 9 months for AP/EAD and still haven’t received it. timelines are crazy slow and getting worse thanks to covid and system glitches 

[SalishSea 17,818]

17 hours ago, Nishris said:

Agree to your point. But also with the pandemic, processing timelines are too long. When we applied K1 was the best option for us back then and after so much waiting there is no going back. But now tired of waiting for file moving to Embassy from NVC post NOA2. Seems like a never ending process and patience testing waiting times 😞

Even pre-pandemic, the K-1 was never the way to go if work and the ability to leave the US and return was of concern.  It was already at least a six month wait.

 

You would be better off with a CR-1.