Please help

D

ddd1212

Registered Users (C)
Hi guys,
    My and my wifes EAD is expiring on Feb 9th. When i asked my company to file EAD for both of us, the company filed only for me and they did not file for my wife. I just found out that information. They filed for her EAD today. Knowing the backlog the INS will not approve her EAD before feb 9th. What will be her status? Is it legal for her to continue live in the united states. Both of our H1 expired last year. Hence, i can\'t even apply h4 for her. Now she is planning to quit the job. What should i do. Experts please help.
 
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IF your company have applied for your wife today, then she is legelly authorized to work even INS has not decided on her EAD. SHe is just fine as long her application is filed with INS for EAD before the previous EAD card expiration. I don\'t know why you making it big issue, you can confirm this with your company\'s lawyer too. I hope this will answer your question.
 
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That is not true. Until the EAD is approved and the card is received, the person is not authorized to work. Please seek legal help.
 
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I am not trying to make it a big issue out of this. Recently my relationship with the company is not very good. My boss is all out to take some revenge on me. Another thing, we are not allowed to talk to the company directly since the company is paying for the greencard process. Olny the HR talks to them. Thats why i am concerned.
 
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Anyway, here are the answers that I can give from my experience. If the EAD expires, she WILL NOT be out of status because she has a 485 pending. Anybody who has a 485 pending are in "Waiting for AOS status". AOS means "Adjustment of Status". And it is not legal to work between the expiry of the current card and the time you hear about approval of the renewal (thats what INS says). I was in a similar situation and I called INS to findout what to do. The IIO (Immigration Information Officer) told me that me or my wife will NOT be out of status. We just can\'t work till we hear about the approval of the new one. Fortunately, we got it renewed quickly enough to continue working. But your wife can mention this to her HR manager and take a vacation for a month or so.
 
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Thanks for the information. It is lot helpful. I am having a peice of mind now. Thanks a lot
 
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ddd1212,
       Don\'t worry. Your wife is not out of status as long as your 485 is pending. Lot of people face the same situation. She may not be able to work until she get her EAD. Another thing I can suggest you is to try for an EAD renewal. in local INS office. Here in Denver they give EAD renewed in a single day.
 
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You are 100% correct. Also, technically you can work but not get paid till you hear about the approval. When the payment is given after the aproval, the employer can issue it as a bonus payment. One of my friend had this arrangement. It all depends on the employer. If the employer doesn\'t agree for this arrangement then they can put you on the payroll as leave of absence (UNPAID).

Bhanu
 
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thank you very much for all your infomration guys. Since, we had a baby recently, she is not planning to work. my concern is only on legal status and pending 485 approval. Thank you all for your information and time.
 
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