EAD just expired, but have been with the current employer for about a year

N

njiang46

Registered Users (C)
Hi,

My EAD expired on 11/22/2006, but still with my current employer. My USCIS application is based on the marriage (submit all related forms), and I did the fingerprint and will go to the interview on 01/02/2007. So My application is pending. Am I supposed to work at this time? Also, what does the interview look like?

Thanks lots...
njiang46
 
njiang46 said:
Hi,

My EAD expired on 11/22/2006, but still with my current employer. My USCIS application is based on the marriage (submit all related forms), and I did the fingerprint and will go to the interview on 01/02/2007. So My application is pending. Am I supposed to work at this time? Also, what does the interview look like?

Thanks lots...
njiang46
Click to expand...

No, you technically cannot work. Why did you not re-apply?
 
EAD expired, what should i do now?

I got my EAD from OPT and the limit is12 month. Now, I'm the pending permanent resident and going to the USCIS interview on January. My EAD expired on 11/22/2006. It is too late to renew it, should I just wait for the interview and new EAD?

Thanks,
 
Having the interview is no guarantee that you'll promptly get your green card, I had my interview 45 days ago and still no sign of the GC. I would apply for EAD now, to be sure.

However its up to your employers to ensure that you're legal to work, so don't volunteer to them that your EAD has expired. Illegal work should be forgiven by USCIS for AOS applicants who are adjusting through marriage to a USC, so unless your employer is on the ball about your EAD, just continue working.

To be honest I think your OPT EAD would have become invalid as soon as your applied for AOS, so you've probably not been working techinically "legally" since your filed for AOS. Not sure about that however.
 
njiang46 said:
I got my EAD from OPT and the limit is12 month. Now, I'm the pending permanent resident and going to the USCIS interview on January. My EAD expired on 11/22/2006. It is too late to renew it, should I just wait for the interview and new EAD?

Thanks,
Click to expand...

The EAD issued for OPT is invalid when you file AOS. You were supposed to file for a new EAD when you filed AOS.
It is not "too late" to apply for it ---- you are still eligible based on your AOS pending status. As Dr Iha pointed out, illegal work is usually forgiven to spouses of US citizens.

There is no guarantee that you will be approved at the interview ---- you should probably apply for that EAD.
 
dr_lha said:
To be honest I think your OPT EAD would have become invalid as soon as your applied for AOS, so you've probably not been working techinically "legally" since your filed for AOS. Not sure about that however.
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I would disagree. There are other non-immigrant statuses that are not compatible with a pending adjustment that confer work authorization, and holders of said status do not automatically lose status and/or work authorization once the I-485 is filed. The TN is an excellent example.
 
TheRealCanadian said:
I would disagree. There are other non-immigrant statuses that are not compatible with a pending adjustment that confer work authorization, and holders of said status do not automatically lose status and/or work authorization once the I-485 is filed. The TN is an excellent example.
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Correct --- but EAD based on OPT is not one of them.
 
I also filed EAD with the I485 based on the family.BTW, pianoplayer, what did you mean by "that EAD?" ("you should probably apply for that EAD.") you mean the EAD for I-485 or OPT?
 
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njiang46 said:
I also filed EAD with the I485 based on the family.BTW, pianoplayer, what did you mean by "that EAD?" ("you should probably apply for that EAD.") you mean the EAD for I-485 or OPT?
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I was referring to the I485 EAD, since you are in pending AOS.

I do not really understand your posts ---- up till this point, you said that you had an EAD based on OPT, which expired in Nov. Now you say you have applied for EAD based on I485? When?
 
I graduated from school and got OPT. It expired on 11/22/2006. before it expired, i applied for adjusting my status i485 because I got married to a USC in July, the forms include the employment and travel. all forms are being proceed now. problems?
 
dr_lha said:
However its up to your employers to ensure that you're legal to work, so don't volunteer to them that your EAD has expired. Illegal work should be forgiven by USCIS for AOS applicants who are adjusting through marriage to a USC, so unless your employer is on the ball about your EAD, just continue working. .
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Well, this suggestion is simply beyond low class. Even though it is forgiven, illegal is illegal and you are encouraging it.
 
pianoplayer said:
Correct --- but EAD based on OPT is not one of them.
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So say you? ;)

If what you say is true, then Family-Based cases (who do not benefit from 245k) would have their AOS petitions denied regularly if they fied the I-485 while on OPT, and continued to work until the EAD based on the adjustment is received. This does not happen.
 
TheRealCanadian said:
So say you? ;)

If what you say is true, then Family-Based cases (who do not benefit from 245k) would have their AOS petitions denied regularly if they fied the I-485 while on OPT, and continued to work until the EAD based on the adjustment is received. This does not happen.
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No ---- I am curious as to why you think the AOS petition would be denied. I never claimed the AOS would be denied. I merely stated that they need to apply for a new EAD to strictly comply with the requirements. I have not seen USCIS deny AOS applications on that basis.
 
njiang46 said:
I graduated from school and got OPT. It expired on 11/22/2006. before it expired, i applied for adjusting my status i485 because I got married to a USC in July, the forms include the employment and travel. all forms are being proceed now. problems?
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That makes perfect sense now ---- when one lays out the fact pattern neatly in the beginning, it does not create confusion. You followed the correct procedure. There is technically a gap in which you are not supposed to work --- however, such work is usually forgiven.
 
pianoplayer said:
No ---- I am curious as to why you think the AOS petition would be denied. I never claimed the AOS would be denied. I merely stated that they need to apply for a new EAD to strictly comply with the requirements. I have not seen USCIS deny AOS applications on that basis.
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Unauthorized employment is grounds for denial of an adjustment, unless the alien is eligible for 245i or 245k relief, or is the beneficiary of an Immediate Relative petition. Filing an AOS doesn't auomatically terminate any existing employment authorization.
 
TheRealCanadian said:
Unauthorized employment is grounds for denial of an adjustment, unless the alien is eligible for 245i or 245k relief, or is the beneficiary of an Immediate Relative petition. Filing an AOS doesn't auomatically terminate any existing employment authorization.
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Count one --- correct, but USCIS never does this.
Count two --- it does not automatically terminate ANY existing employment authorization (e.g. H1B), but an OPT-based EAD is no longer strictly valid.
 
TheRealCanadian said:
Unauthorized employment is grounds for denial of an adjustment, unless the alien is eligible for 245i or 245k relief, or is the beneficiary of an Immediate Relative petition.
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Isn't the OP the beneficiary of an Immediate Relative petition as he's filing through being married to a USC? Or are you referring to some other sort of petition?
 
My husband filed the I-130 for me, so I'm the beneficiary for that. Is this the same thing you talked about?
 
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