Does receipt notice allow wife to stay?

N

naskib

New Member
I am a USC, married in the US to my foriegn wife, who is currently on OPT after getting her bachelors degree in the US. Her OPT expires on Jan 3, 2006. We just recieved the I-130 and I-765 (EAD) receipt notices (I-797C) on December 5, 2005, with a November 30 notice date.

Here's the question: Since her OPT / visa is expiring on Jan 3, do the receipt notices allow her to stay in the US legally, until she gets her approvals? We are concerned because we will not recieve the EAD document or any approvals until after that date.

Has anyone else been in this situation?

Timeline-
RD: 11/23/05
ND: 11/30/05
 
She is in the country legally because her I-485 and I-130 is in process. Your wife status has now change to "ADJUSTMENT APPLICANT".
 
You said that you just received the I-130 and I-765, did you receive the I-485? And yes as wor said your wife after apply to adjustment of status I-485, her status is "adjustment of status" or adjustment applicant per authorization of the Attorney General.
Good luck,
 
Yes, got the I-485 receipt today

Forgot to mention the I-485, got that receipt today. Unfortunately the USPS tore a big corner off the envelope, including the part of the receipt that shows how much money we paid. The receipt has a big hole in it. Called customer service, we now have to go to our local service office to fix it.

Also, since my wife already has her OPT (Expires Jan 3, 2006), can she continue to work with her I-765 receipt notice until she gets her EAD?
 
She needs her EAD card to work, a receipt is not the authorization.
If she have already the receipt of I-485, she is okay.
Good luck,
 
naskib said:
Also, since my wife already has her OPT (Expires Jan 3, 2006), can she continue to work with her I-765 receipt notice until she gets her EAD?
Click to expand...

The answer is NO. As Cherr pointed out, a receipt notice does not give authorization to work. Your wife is no longer on F-1 as she demonstrated immigration intent by filing for AOS and hence the OPT is not valid either. She should wait for her EAD before she can work legally again.
 
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