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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    F-1 marrying USC - Question about employment
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Associate Member
Posted
Hi All,
With my USC wife as my sponsor, I have completed, submitted and received a receipt notice for all the required forms (and supporting forms):

i-485
i-765
i-130

This should enable me to work and live in the US while my status is being adjusted. However, I am currently unemployed because my F-1 expired a few weeks ago. I understand this isn't a place for legal advice, but I just wanted to ask anyway, I understand I can live in the US if I am already here and my application is pending, is there a similar law for working in the US while my application is pending? We are hurting financially due to my unemployment, and the EAD may take a few months. If there is any advice you have to offer, I'd be highly grateful. Thanks guys.

-ES
 
Posts: 6 | Registered: 05-14-2007Reply With QuoteEdit or Delete MessageReport This Post
Senior Member
Picture of NeedHelpFast
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USCIS will process the EAD first and issue you a temporary EA Card, you will need to wait several months though, depending on processing times where you filed. You should anticipate your biometrics first, fingerprinting, etc. The EA Card will be issued the same day as your fingerprinting, and you can take that card they give you directly to your local Social Security office and will be issued a SS# (to be used only in conjunction with your temporary Employment Authorization Card).
This card will be valid for 4 months, at that point, you will need to apply for an extention, if you have not had your AOS interview by then, which you probably will not.
Keep your card current until your AOS is approved.
 
Posts: 846 | Registered: 06-09-2007Reply With QuoteEdit or Delete MessageReport This Post
Senior Member
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You may want to check with your local USCIS office if they would issue EAD card in your case.
Go to www.uscis.gov , find your local Immigration office and call them first.
Even if they did issue EAD at local office (which they probably won't in your case), you would still need to explain why can't you wait for normal processing (and rely on your spouse's income in the meantime). This may indirectly trigger the question with I-864.

I am not an attorney. This is not a legal advice. Consult an immigration attorney if you need legal assistance.
 
Posts: 784 | Registered: 06-28-2007Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
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Thanks for the quick responses guys. I forgot to mention, I did get my biometrics done a few weeks ago. They never gave me an EAD on the spot. Why would that be the case?

As for triggering the I-864 question (my spouse's parents joint-sponsored), that never occurred to me. Thank you for bringing that to my attention RationalE. I guess I will just have to wait unless:

NeedHelpFast: Do you have any idea why I would not be issued an EAD on spot at the biometrics? I've been checking my 'Online Case Status' with the receipt number of the i-765 and it says its still pending. Shouldn't that also update to 'approved' or something?

Thanks for all the help!
 
Posts: 6 | Registered: 05-14-2007Reply With QuoteEdit or Delete MessageReport This Post
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when did you file the forms?
 
Posts: 1578 | Registered: 03-10-2006Reply With QuoteEdit or Delete MessageReport This Post
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Well that was another issue....I filed them in May, but the Reciept date is late June (and that's not the notice date, but the receipt date.) Doesn't make sense why they would 'receive' it a month late. Anyway, I filed it May 15 or so. But then there was some documentation missing for the I-130 so that caused another two week delay I'm guessing. But perhaps the I-765 should remain unaffected because even though I got a pink sheet saying I need to provide documentation, my biometrics was scheduled even before that. So I'm assuming the EAD process never got delayed.
 
Posts: 6 | Registered: 05-14-2007Reply With QuoteEdit or Delete MessageReport This Post
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Lately (for the last few months) USCIS has been slow in issuing NOA (receipts).

One should allow 90 days for EAD to be processed.
You may try what RationalE suggested, but I doubt you'll walk out with an EAD. Sorry, that's just the way the things are at the moment. It shouldn't take much longer.. In the meantime, you can search for a job..
 
Posts: 1578 | Registered: 03-10-2006Reply With QuoteEdit or Delete MessageReport This Post
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Well, thanks for the help aneri. Fortunately my previous consulting job that I had to leave is anxiously awaiting my return. So that shouldn't be an issue. It's just paying bills, rent, etc. etc. that's putting us in a very very tight spot. Thanks anyway. =)
 
Posts: 6 | Registered: 05-14-2007Reply With QuoteEdit or Delete MessageReport This Post
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