EAD delay - Would I be out of status?

Discussion in 'Employment Authorizations (EAD) and Advance Parole' started by djraman, Jan 10, 2014.

  1. djraman

    djraman New Member

    I have applied for EAD renewal. But, I applied with only 60 days to expiry. So, I realize there could be a delay and USCIS can take upto 120 days.

    I also, clearly understand that I can lose my job. As bad as it sounds, losing job isn't really a concern for me at the moment.

    Only big question I have is, would I go "Out of Status" because I don't have EAD renewal yet ?

    I have a pending AOS (I-485 on EB3).

    I believe that I won't be "out of status" but want to confirm.

  2. newacct

    newacct Well-Known Member

    As long as you have a pending I-485, you can legally stay in the U.S. (Technically, you probably do not currently have a "legal status", and is therefore "out of status". But "status" is a confusing term. What is important is that you are authorized to stay in the U.S.) But you probably cannot work when you don't have a valid EAD.

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