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urgent need of advise on employment

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  • urgent need of advise on employment

    Hi can i keep my job if my k-1 visa expires and my I-485 and I-765 is being processed?

  • #2
    Hi can i keep my job if my k-1 visa expires and my I-485 and I-765 is being processed?


    • #3
      As far as I know, you can stay on the job working as a volunteer, but you can't get paid. Otherwise you'll be working illegaly.



      • #4
        Okay that's not good but why would they tell you file the I-765 with I-485 if your status is illegal in that waiting period?


        • #5
          is there a loop hole?


          • #6
            while one has I-485 pending (and no employment authorisation document), status of that person is not illegal - he/she only isn't authorised to work.

            No, there is no loop hole - just a badly written law regulation. Many K-1s are affected.

            I am not sure about continuing to work as a volunteer at the sam position as that has obiviously been a paid position.


            • #7
              what happens if i continue to work?


              • #8
                What is the average response time on the I485 change of status application?


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Hi can i keep my job if my k-1 visa expires and my I-485 and I-765 is being processed? </div></BLOCKQUOTE>

                  Consult an immigration attorney.

                  I am not an expert on this subject, but as far as I know:

                  You could request your EAD in person (at local USCIS office having jurisdiction) if 90 days passed since you filed I-485/I-765 and you still didn't get EAD.
                  As of October, 2006 the regulations have changed - now you would need to request interim EAD by writing to the CIS center in charge of processing your application.

                  But there shouldn't be a lapse of 'Work Authorisation'.
                  Isn't temporary I-766 (EAD) issued at the time of arrival? And isn't it valid for a reasonable length of time before I-485/I-765 can be processed? ( I recall the person who arrived here on K-1 and received his I-766 right at the airport. Did this change?).

                  In case if there is a lapse of coverage on document issued (or none at all) , you should either contact USCIS or consult with an Immigration Attorney, ask if you are statutorily eligible to work and if yes what should you do in the interim.

                  Good luck,


                  [COLOR:BLUE][B]When the creations of a genius collide with the mind of a layman, and produce an empty sound, there is little doubt as to which is at fault.

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