Beginning work before I-485 approval

[lcol8548]

I am currently on a J-1 visa but have a green card pending (thru marriage) with an interview scheduled with the USCIS in mid-august. I expect to obtain approval for permanent residency at this interview with no complicating issues with my case.

However, I will be interviewing for a job soon and the position is open immediately. The possibility of delaying this employer until mid-august may jeopardize my chances.

Two questions: 1) is there way of starting employment prior to I-485 approval, as a pending green card holder?
2) If I was to be approved at the interview, am I able to start work at that point or are there additional hurdles before work authorization is allowed?

Any advice you have would be much appreciated. Thanks!

[trialanderror83]

Originally Posted by lcol8548

I am currently on a J-1 visa but have a green card pending (thru marriage) with an interview scheduled with the USCIS in mid-august. I expect to obtain approval for permanent residency at this interview with no complicating issues with my case.

However, I will be interviewing for a job soon and the position is open immediately. The possibility of delaying this employer until mid-august may jeopardize my chances.

Two questions: 1) is there way of starting employment prior to I-485 approval, as a pending green card holder?
2) If I was to be approved at the interview, am I able to start work at that point or are there additional hurdles before work authorization is allowed?

Any advice you have would be much appreciated. Thanks!

No you cannot work with a "pending AOS" application. Did you apply for I-765 (work authorization) in your AOS packet?? If so then you can work. If you are approved at the interview, they will give you a I-551 stamp in your passport that you can show your employeer for work until your GC arrives.

[lcol8548]

thanks for the information. Would it be worthwhile submitting the I-765 at this stage? I am thinking no, since it may take about 3 months (from the USCIS website) to process this form while my interview is only 1.5 months away.

If I had known my green card application would take nearly a year I would have filed the I-765 as well. Hopefully this will not affect my career prospects.

[kittenKat]

Yes, submit 765. It won't hurt anything, it's free (if you do it 1st time), and some people get it now in just 2 months. Your AoS can be pending for several month even AFTER the interview if you won't get approved right there (and in worst case scenario may be even STOKES (I'm sure it won't be a case), which will take time as well), but you'll have EAD anyway to work. Neither employer will take you without EAD even though your AoS is pending.

[lcol8548]

Many thanks!

I will send this out today and play the waiting game.

[lcol8548]

Another quick question....

My I-765 has been received and it looks like I will have to go thru the biometrics process again.

However, my I-485 interview is coming up on August 19. Since I have filed an I-765 will this hinder the possibility of immediate approval at the interview and receiving an I-551 stamp?

[Triple Citizen]

No

Originally Posted by lcol8548

Since I have filed an I-765 will this hinder the possibility of immediate approval?

[Jackolantern]

What prevented you from filing the I-765 back when you filed the I-485? Is it that you didn't know about it?