EAD Extension

[jlvr 1]

When we went to get hubby's SSN the guy told us that his passport EAD would probably be extended once we filed for AOS.

Is this automatic or do we have to request it? Is it arbitrary? And can it only happen when filing for AOS or can we request it before we file AOS? I don't know if we will have filed before hubby's EAD expires.

I believe that I read on here somewhere that the nonUSC is out of status once they are married but have not yet filed for AOS. Is this true?

[payxibka 10,045]

When we went to get hubby's SSN the guy told us that his passport EAD would probably be extended once we filed for AOS.

Is this automatic or do we have to request it? Is it arbitrary? And can it only happen when filing for AOS or can we request it before we file AOS? I don't know if we will have filed before hubby's EAD expires.

I believe that I read on here somewhere that the nonUSC is out of status once they are married but have not yet filed for AOS. Is this true?

Do not count on anything being automatic... With your AOS application (I-485) you could or maybe should also include an application for work authorization (I-765).

Edited September 21, 2007 by fwaguy

[YuAndDan 153]

When we went to get hubby's SSN the guy told us that his passport EAD would probably be extended once we filed for AOS.

Is this automatic or do we have to request it? Is it arbitrary? And can it only happen when filing for AOS or can we request it before we file AOS? I don't know if we will have filed before hubby's EAD expires.

I believe that I read on here somewhere that the nonUSC is out of status once they are married but have not yet filed for AOS. Is this true?

Do not count on anything being automatic... With your AOS application (I-485) you could or maybe should also include an application for work authorization (I-765).

Since the EAD fee is now a part of the AOS fee, you should file an I-765 with the I-485. The K-1 "EAD" expires with the I-94. and is not automatically extended just by filing for AOS, you need to apply for an EAD card in order to continue working.

Persons at SSA are not in the know about USCIS EAD rules.

[TracyTN 237]

When we went to get hubby's SSN the guy told us that his passport EAD would probably be extended once we filed for AOS.

Is this automatic or do we have to request it? Is it arbitrary? And can it only happen when filing for AOS or can we request it before we file AOS? I don't know if we will have filed before hubby's EAD expires.

I believe that I read on here somewhere that the nonUSC is out of status once they are married but have not yet filed for AOS. Is this true?

First rule of thumb: Don't take immigration advice from an SSA worker. I had one tell me that since my husband entered on a K1 but we were now married, he would have to leave the country and apply for a K3 in order to re-enter. Obviously she also did not know that K3s cannot get SSNs until they receive their EAD...!

You will need to apply for work authorization with AOS - there is no automatic extension of the EAD stamp in his passport. This is the reason that some people don't find the temp EAD overly helpful (the 'gap' of time between the temp expiring and receiving the 'regular' EAD).

As far as being 'out of status' - that is essentially true. Once your husband's I 94 has expired, and if you have not yet applied for AOS, his status is technically the same as any other person who has overstayed their period of authorized stay - he could be subject to removal proceedings. However, the chances of that happening are probably small (mainly, I would be sure he did not leave the country).

If his I 94 has expired, but he has applied for AOS, his status is that of a "Period of Stay authorized by the Attorney General" and he is here legally (while awaiting a decision on his status).

*edited for clarity*

Edited September 21, 2007 by TracyTN

[payxibka 10,045]

First rule of Dumb: Don't take immigration advice from an SSA worker........

*edited for additional clarity*

[TracyTN 237]

fwaguy