OPT EAD expiring w/ I-485/I131/I765 pending. Cont to work?

Immigration 1 views 3 answers
I mailed my AOS packet (I485/I131/I765) on 12/26/09. I have been working for an employer since 3/09 based on an OPT EAD (F1 status). This EAD that I am currently on will expire 2/1/10. My assumption is that the new I765 I just filed will not be processed before the current EAD expires. Given that, do I have any options in terms of continuing to work after 2/1? Also, is there any way to predict when the new EAD start date might be (roughly, in months) in case I do need to ask for unpaid leave? I did send a copy of my current EAD in with my application which clearly indicates 2/1/10 as an expiration date - will that influence their decision? Thank you for your assistance.

Attorney Answers

3
Scott D. PollockImmigration AttorneyChicago, IL ·
You do not say what is the basis on which you filed an I-485. If it is on any other basis than through marriage to a U.S. citizen, then you should probably cease working, since unauthorized employment might affect your eligibility for adjustment of status. There is a provision for employment-based adjustment applicants to continue to adjust if they have no more than 180 days of unauthorized employment. The rules in this area are somewhat complicated. To obtain adequate legal advice on your question, you should consult with an experienced and knowledgeable immigration attorney. Scott D. Pollock Scott D. Pollock & Associates, P.C. 105 W. Madison, Suite 2200 Chicago, IL 60602 (312) 444-1940 fax: (312) 444-1950 e-mail: [email protected] internet: www.lawfirm1.com Please visit our renovated website at www.lawfirm1.com, which allows client access to case status, enhanced information on services, and other convenient features.
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tuart Jonas ReichImmigration AttorneyNew York, NY ·
This is a problem, and you should seek the guidance of an attorney. I-765 applications generally take three months, often a bit longer. If you just filed a new I-765, look for a start date in early April at best. The copy of the current EAD isn't as important as a copy of the I-485 Receipt Notice - having a pending I-485 is what makes you eligible for the EAD, not whether you have an EAD now. Sending a copy of the current EAD won't make USCIS review the case any earlier. As to whether you have any other options, there is no way to tell without knowing more about your immigration situation and your personal background - you don't say what the basis of this case is, whether you were otherwise in valid status before filing, etc. Speak with an attorney.
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Shah Peerally ·
We need to know how you were eligible for adjustment of status - marriage, employment, etc. I will advise you stop working when the current EAD expires until the new I-765 is approved. Talk to a good immigration lawyer who can help. Good Luck Shah Peerally Founder and Managing Attorney of Shah Peerally Law Group PC The Law Firm Deals in Immigration law, Bankruptcy & Debt Relief http://peerallylaw.com 37600 Central Ct, Ste 201, Newark CA 94560 Phone: 510.742.5887 Email: [email protected] Note: The above answer is provided for informational use only. One should not act or refrain to act based solely on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.
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