I am on same situation rightnow. I tried to get interm EAD at local INS.But they asked to wait until it gets 90 days.
Did u hear anything about Section 245k law.
I have seen this law Section 245(k).Can I be benificiable from this law ?
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
A useful tip for those hoping to benefit from 245(i) or 245(k) : Keep a personal immigration file which should contain the originals and clean photocopies of documents. These documents should include all approval notices from the INS; receipt notices for INS applications and petitions; I-94 cards (latest original will probably be stapled into passport - keep photocopies of current and previous I-94s in the file); Forms I-20, IAP-66 (if applicable); pay stubs from current and prior U.S. employers and experience letters from prior (U.S. and overseas) employers indicating dates of work and the nature of the work; transcripts from all schools / colleges / universities attended; copy of current and prior employment cards; and any other documents that may be relevant.
The above documents are important to maintain for several purposes. First of all, some of these items may need to be included with an application or petition to change status or at the time of filing an extension of status with a different employer. Even more importantly, at the time of filing for adjustment of status it is necessary to show that the applicant has maintained valid legal status (subject to the 180 day period for employment-based cases under 245(k) and the exception for applications by immediate family members of U.S. citizens).
Persons with a petition or LC filed after January 14, 1998, up to April 30, 2001 must also document that they were "physically present" in the U.S. as of December 21, 2000.
Although organization experts will advise you to trash documents that do not appear relevant in the immigration context, it is better to keep them in a file. For example, the fact that the receipt notice indicates one filed for change or extension of status prior to the expiration of his/her present status is sometimes the only proof one has not fallen out of status, even if INS takes several months to adjudicate a case. In such a case, the approval notice could be misleading so the receipt notice may come in handy. Every case is different. A person who may have difficulty proving maintenance of status should consult with an attorney his law 245k.
Does it applies for us ?
