Filed I-485 and I-130. Is he now eligible to work until he receives his conditional green card?

V

vlachynsky

New Member
My husband is currently on an F-1 visa doing his OPT. His work authorization will expire on May 31, 2010. We recently filed his I-485 and I-130 and received letters confirming that they are being processed. He needs a document to show to his employer that he is eligible to work in the United States because they are considering creating a position for him. Is he now eligible to work until he receives his conditional green card or must he file an I-765?
 
He needs EAD to work. Why didn't you file for EAD with I-485? There is no additional cost to do that.
 
If the OPT EAD is still valid he may continue to work on that authorization until a decision has been made on the I-485 or the EAD expires which ever comes first. However, if he uses an OPT EAD to find work then he must follow the rules of the OPT program. Most cases for I-485 are taking about 3 to 4 months to complete based on the field office, but can take longer if a request for evidence has been issued. Since based on your original post the OPT EAD expires in less then 90 days it is advised to send a I-765, with code (c)(9) adjustment applicant, with a copy of the I-485 receipt in order to waive the fee.
 
You must log in or register to reply here.
Top