How to get approval to work

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Nick1234

Member
I’m Canadian and my wife applied for I-130 almost a year ago and still didn’t get the approval, then I applied for I-485, I-765, and I-131 about 4 month ago from USA. I have received receipts for all these forms. I entered USA as Canadian with B-2 visa, which expired since April 22, 2021 but I applied for AOS prior to it expiring.

My questions are, I received a really good job offer with big USA company that I don’t want to lose and I want to know what are my options to accept this offer. I understand that there are restriction since I applied for AOS. However, I need to find a way.
  • Would I-129 apply for me?
  • I have ITIN (individual Taxpayer Identification Number), can I work with it till I get my SSN?
  • Can I work as Canadian with my Social Insurance Number while I'm in the states?
  • Is there a way to expedite my I-765 since I have a job offer?
  • Can I exit USA and reenter to get TN1 (least favorable for me)
There must be a way to accept this job and not have problems with the applications/forms I submitted.

Thank you for the support and I appreciate your prompt response.
 
Because you have applied I-485, you are ineligible for a TN, either by mail or at border (you could file for H1-B, but your I-765 will come before that). So you need that I-765, which cannot be expedited. You should not leave US until your I-131 is approved, or your I-485 is cancelled. Technically you are not allowed entry on B2 right now.

You cannot work without a valid work status or an EAD, your SIN is NOT a valid US work status (it isn;t even a valid Cdn work status, without other status)
 
Although it does not fit under the normal expedite criteria, I have heard of a few people who have successfully expedited their EAD applications with a job offer. You have nothing to lose by trying it, anyway. If that doesn’t work you have no other options - you cannot work without some form of explicit work authorization.
 
www.uscis.gov

Expedite Requests | USCIS

www.uscis.gov

I wouldn't hold out much hope. "the need to obtain employment authorization or student status, standing alone, without any evidence of other compelling factors does, not warrant expedited treatment." Buy a super jackpot lottery ticket at the same time.
 
nelsona said:
www.uscis.gov

Expedite Requests | USCIS

www.uscis.gov

I wouldn't hold out much hope. "the need to obtain employment authorization or student status, standing alone, without any evidence of other compelling factors does, not warrant expedited treatment." Buy a super jackpot lottery ticket at the same time.
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As I said, it does not fit the expedite criteria, yet people have successfully done it and it costs nothing to request, so there is no downside to OP to try.
 
To be fair, OP was warned about all this in a previous thread yet decided to go with i485 option anyway.

newacct said:
As long as your Adjustment of Status (I-485) is filed (officially received by USCIS; try to make sure the package is delivered at least a few days early) before your status expires, you can stay in the US for as long as I-485 is pending (no matter how long it takes), even if your status has expired. So as long as you are ready to file now, you have enough time. Your I-485 can be filed together with I-130, or while the I-130 is pending, since the F2A category is current. Since your I-130 is already pending, you would attach a copy of the I-130 receipt with your I-485.

As SusueQQQ mentioned, you would not be able to work until you get an EAD or green card, and you would be stuck in the US until you get an Advance Parole or green card. Filing I-765 for EAD and I-131 for Advance Parole are both free for I-485 applicants, so it is a good idea to file them together with your I-485. Expect to take at least half a year to get EAD/AP these days.

Leaving the US while your I-485 is pending without first getting Advance Parole would automatically abandon your I-485. You are not supposed to enter on TN status (or most other types of nonimmigrant status) with preconceived intent to file AOS during that stay.
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Nothing wrong with applying for I-485 if you are already in US and not working. Just need to be patient. Fortunately he had the right to file for EAD.
 
SusieQQQ said:
Although it does not fit under the normal expedite criteria, I have heard of a few people who have successfully expedited their EAD applications with a job offer. You have nothing to lose by trying it, anyway. If that doesn’t work you have no other options - you cannot work without some form of explicit work authorization.
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How to try with the job offer? Can I just walk to my USCIS office and ask them? what is the right way to expedite it?
 
I requested to expedite the work authorization based on receiving job offer and that it will have a significant positive financial impact on me and my family. Do you know how long it takes to get a response and then the work authorization.

Also, during my call with USCIS they mentioned that there is a letter issued a week ago to do the fingerprint August 30; my questions are:
I didn't receive this letter yet and when I look at the case status it doesn't mention that this letter is issued?
Also, is fingerprint required for the work authorization to be expedited?
Can I try to do the fingerprint earlier if I receive the letter
 
I requested to expedite the work authorization based on receiving job offer and that it will have a significant positive financial impact on me and my family. Do you know how long it takes to get a response and then the work authorization.

Also, during my call with USCIS they mentioned that there is a letter issued a week ago to do the fingerprint August 30; my questions are:
I didn't receive this letter yet and when I look at the case status it doesn't mention that this letter is issued?
Also, is fingerprint required for the work authorization to be expedited?
Can I try to do the fingerprint earlier if I receive the letter

Please Respond?
 
SusieQQQ said:
Although it does not fit under the normal expedite criteria, I have heard of a few people who have successfully expedited their EAD applications with a job offer. You have nothing to lose by trying it, anyway. If that doesn’t work you have no other options - you cannot work without some form of explicit work authorization.
Click to expand...
I already applied for Expedited EAD. How long it normally takes to receive work authorization if the expedite is approved? Can someone provide input pleeeeeaaasssee
 
nelsona said:
Because you have applied I-485, you are ineligible for a TN, either by mail or at border (you could file for H1-B, but your I-765 will come before that). So you need that I-765, which cannot be expedited. You should not leave US until your I-131 is approved, or your I-485 is cancelled. Technically you are not allowed entry on B2 right now.

You cannot work without a valid work status or an EAD, your SIN is NOT a valid US work status (it isn;t even a valid Cdn work status, without other status)
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The employer is willing to apply for H1-B visa for me, but can he apply for me while I'm on AOS and my original B-2 visa expired? Please respond to me ASAP as it is critical and they are waiting for email from me.
 
H-1B's are CAP subject & normally employers file during Mar/Apr for upcoming fiscal year i.e. start date of Oct. At this time your employer can file H-1B only if it an educational institution or Not for profit organization OR you can file reinstatement of H-1B if you have had H-1B status in past 6 or 7 years and claiming remaining portion of unused H-1B of 6 year duration.
 
whitemimauz3 said:
H-1B's are CAP subject & normally employers file during Mar/Apr for upcoming fiscal year i.e. start date of Oct. At this time your employer can file H-1B only if it an educational institution or Not for profit organization OR you can file reinstatement of H-1B if you have had H-1B status in past 6 or 7 years and claiming remaining portion of unused H-1B of 6 year duration.
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Even if cap exempt, what would employer be filing change of status from? OP has no status now and is adjustment pending.

@Nick1234 , are you still awaiting outcome of expedite request for EAD or did you get a denial?
 
I luckily got EAD approval and was very happy. But the employer wouldn't accept the EAD as I'm in AOS (which is no status) and my original B-2 visa expired? Does this make sense? is this common?
 
Nick1234 said:
I luckily got EAD approval and was very happy. But the employer wouldn't accept the EAD as I'm in AOS (which is no status) and my original B-2 visa expired? Does this make sense? is this common
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No, it doesn't make sense. If you have a valid EAD there is no reason for the employer not to accept it, it clearly means you are authorized to work. EADs are issued when people are awaiting adjustment (and out of a prior status) all the time and people work on them. You actually have the EAD card and not just the approval notice, right?

www.uscis.gov

Form I-9 Acceptable Documents | USCIS

Employees must provide documentation to their employers to show their identity and authorization to work.
www.uscis.gov
 
YES, I have the actual card that authorize me to work for two years and have accepted the offer based on this. Now, I'm told that as you are out of status we wouldn't accept the EAD? Really frustrated. What can I do?
 
Nick1234 said:
YES, I have the actual card that authorize me to work for two years and have accepted the offer based on this. Now, I'm told that as you are out of status we wouldn't accept the EAD? Really frustrated. What can I do?
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Find an employer with sense?

I don't understand your employer offering to file H1B for you because (unless the employer is cap exempt?) you'd only be looking at a start in October NEXT year and the logistics don't work for you anyway: they can't file change of status because you don't have one to change, and if you leave the country to get an H1B visa stamping and you don't have AP you abandon your AOS application.
 
H1B aside, I think it was a confusion.

Can the employer deny hiring me now as I have the EAD without a "valid visa, but only AOS"? I thought all what I need is the EAD to work?
 
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