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  • Out of Status and GC interview in a month

    I applied for I-485, I-131, and I-765 on October ( Receipt date October 24, 2013). My wife is a USC. I did not get the EAD or Travel Document yet. The online status shows "Initial Review" . However, for I-485 the status states the mail had been sent for interview date Jan 30, 2014. Is there a chance I don't get EAD and just appear for GC interview directly ? Also, because I am out of status (F1) since my last EAD during OPT expired from March 25, 2013 and I am not using a lawyer for the case, will I have problem if the interview officer asks about my duration out of status, or anything else ?

  • #2
    Normally, your status is "protected" during the Adjustment processing, so long as your original U.S. entry was legal and was not with a visa which disallows conversion.

    It is very likely that your Work Authorization extension will not show up before your interview, or may show up a few days after the interview. Once you have the Green Card, the Work Authorization is not needed.

    -Ray B

    Originally posted by sabsap View Post
    I applied for I-485, I-131, and I-765 on October ( Receipt date October 24, 2013). My wife is a USC. I did not get the EAD or Travel Document yet. The online status shows "Initial Review" . However, for I-485 the status states the mail had been sent for interview date Jan 30, 2014. Is there a chance I don't get EAD and just appear for GC interview directly ? Also, because I am out of status (F1) since my last EAD during OPT expired from March 25, 2013 and I am not using a lawyer for the case, will I have problem if the interview officer asks about my duration out of status, or anything else ?

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    • #3
      Originally posted by rayb View Post
      Normally, your status is "protected" during the Adjustment processing, so long as your original U.S. entry was legal and was not with a visa which disallows conversion.

      It is very likely that your Work Authorization extension will not show up before your interview, or may show up a few days after the interview. Once you have the Green Card, the Work Authorization is not needed.

      -Ray B


      Thank you, Ray B, for your response. It really helped.

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      • #4
        Hi !! congrats your case is going really fast!!! i also applied on October 10..i already have my employment authorization card ...i would like to know what state are you.. im in NJ ..and my i485 is in testing and interview since 11/20/2013

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        • #5
          Out of Status and GC interview in a month

          hi am in orlando Florida , my priority date is august 8th I got my EAD an AP in October 16 and was in testing and interview for almost 3 month before I got my interview letter to appear in January , so it's just depends on the work load in your local office before the interview can be set . But you can call and ask to speak to a tier2 that's what I dey must have called them like 5 times before I got my notice but I think if you applied in October you still have time and still within the processing time. goodluck

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          • #6
            Originally posted by Nafredny View Post
            Hi !! congrats your case is going really fast!!! i also applied on October 10..i already have my employment authorization card ...i would like to know what state are you.. im in NJ ..and my i485 is in testing and interview since 11/20/2013
            Thanks, Nafredny. Yeah, it's going fast. I am in MA. It was just yesterday my I-131 and I-765 status got updated. It states the card has been mailed, so probably in a week or two I get them.

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