Advice needed

[Bankrupt Pilot]

Hello

I appreciate all the information provided to this forum. I would also appreciate any advice you could provide on my situation.

I have won the DV2021.
I am case OC1360 ( around that), currently living and working in the USA as a Airline Pilot on the E3 visa (this is my second E3 visa).

My issue is that my E3 comes up for renewal at the end of May 2021, I fear that I will be unable to secure an interview (I am doing an adjustment of status) USCIS before that date.

This leaves me with being unable to work past the end of May if my interview has not been done unless I renew the E3 visa.
The issue I am facing is if I am able to renew the E3 visa? considering it is a visa given based on non intent to migrate it would be a lie for me to renew this visa whilst also applying for the Green card.

Which by the time my E3 interview came up at the end of May I would have surely at least have my I-485 form sent in by then.

Are you able to offer any pearls of wisdom for my situation.


The only option I can think of is at the end of May asking my company to put me on leave, and I just sit around burning through savings until my interview comes up.


kind regards

 

[Sm1smom]

Right now we have no idea as to when your CN might become current. If it becomes current before May 2021, you’ll be eligible to file AOS and remain in the US pass your E3 status expiration date. Of course you’ll need to stop working from that date if your AOS application is still pending at that point unless you receive an AOS based EAD card by then. In that case, you’re able to continue working with the EAD card.

Regarding the question of being able to renew your E3, I don’t think so. With an already demonstrated immigrant intent, I don’t think you’ll be getting an approval. In addition, I believe you’ll need to depart from the US to apply for the visa, if you depart while AOS is pending without an approved AP, your AOS would be deemed abandoned following your departure.

 

[Bankrupt Pilot]

Thanks Sm1

Just to clarify, Once I submit the AOS application and it shows pending, I can apply for the EAD card correct?

If this is correct, how long does the approval usually take for the EAD card?

Kind regards

 

[SusieQQQ]

Thanks Sm1

Just to clarify, Once I submit the AOS application and it shows pending, I can apply for the EAD card correct?

If this is correct, how long does the approval usually take for the EAD card?

Kind regards

You file for the EAD card along with the AOS application (submit form i765 with form i485)
pre-pandemic it had been taking 4-6 months. For DV applicants it’s more likely to complete AOS before getting EAD, but not always. Be sure to read the spreadsheet linked in the first post of (and in fact post further questions in) the DV2021 AOS thread to understand how and what to submit, the implications of using an AOS-based EAD, and other saliemy factors

 

[Sm1smom]

Like Susie already stated, you apply for EAD with the AOS application. There’s no fee for the EAD application, it may possibly be approved before your I-485 gets adjudicated.

Go through the AOS process spreadsheet linked to the first post on page one of the DV2021 AOS only thread and post subsequent AOS related questions on that thread also like Susie already stated above.

 

[Bankrupt Pilot]

Like Susie already stated, you apply for EAD with the AOS application. There’s no fee for the EAD application, it may possibly be approved before your I-485 gets adjudicated.

Go through the AOS process spreadsheet linked to the first post on page one of the DV2021 AOS only thread and post subsequent AOS related questions on that thread also like Susie already stated above.

Thanks Susie & SM1
I have gone through the spreadsheet, do you see any downside for applying for the EAD card when I hand in the AOS?
It sounds like a good idea to me, it might get approved before my I-485n gets adjudicated as you said, but if it doesn't No harm, no foul correct?

 

[SusieQQQ]

Thanks Susie & SM1
I have gone through the spreadsheet, do you see any downside for applying for the EAD card when I hand in the AOS?
It sounds like a good idea to me, it might get approved before my I-485n gets adjudicated as you said, but if it doesn't No harm, no foul correct?

There is no downside to applying. There may be downside to using it, depending on other factors, usually in connection with invalidating an otherwise valid underlying status. No idea at this juncture whether that would apply to you given uncertainty over timing of, well, just about everything at this point.

 

[Sm1smom]

Thanks Susie & SM1
I have gone through the spreadsheet, do you see any downside for applying for the EAD card when I hand in the AOS?
It sounds like a good idea to me, it might get approved before my I-485n gets adjudicated as you said, but if it doesn't No harm, no foul correct?

No downside to applying for it, there may be an associated downside to using it. This is further explained on the spreadsheet.

 

[Sm1smom]

FYI: Applying for an AOS based EAD will no longer be free from Oct. 2nd, so be prepared to pay for extra $550 fee, and there’s no guarantee as to when you may get the EAD.

 

[coffeemonster]

...

My issue is that my E3 comes up for renewal at the end of May 2021, I fear that I will be unable to secure an interview (I am doing an adjustment of status) USCIS before that date.

This leaves me with being unable to work past the end of May if my interview has not been done unless I renew the E3 visa.
...

kind regards

Have you checked your I-94 to see what date your E3 status is valid until? Depending on when you last entered the country, you might be ok for some time beyond the visa expiration date. Maybe you could travel outside the US briefly and come back, to get an I-94 date that's a bit later? There might be some risk associated with doing that, but it might be worth considering.