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Status prior to approval of Adj of Status

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  • Status prior to approval of Adj of Status

    Hi, in the near future I anticipate filling up prospective employment application forms asking for my status.
    I very recently filed for adjustment of status and employment authorization along with it. No results yet. My question is what is my 'official' status in the following scenarios:

    (1) The non-immigrant visa I presently have in the US (allowing me to stay here) expires, I have NOT yet received my Employment Authorization Card, and my AOS application is still pending? I understand that even if the non-immigrant visa I presently have expires, I can still stay in the US pending the adjudication of my Adjustment of Status application. But what will my official status be during this time?

    (2) The non-immigrant visa I presently have in the US (allowing me to stay here) expires and I RECEIVE my Employment Authorization Card but my AOS application is still pending? I understand that I will then be eligible to take on employment in the US, but, what will my official status be?

    Thanks to anyone who could enlighten me.

  • #2
    If your status expires, then technically you have no status. But that is not really meaningful from an employment point of view; some people have status and cannot work; some people don't have status and can work. I don't know why you have to fill out this form, but all the employer should care about is that when you start work, you have the documents to complete the I-9. Beyond that, the employer has no business caring about your "status".

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      If your status expires, then technically you have no status. But that is not really meaningful from an employment point of view; some people have status and cannot work; some people don't have status and can work. I don't know why you have to fill out this form, but all the employer should care about is that when you start work, you have the documents to complete the I-9. Beyond that, the employer has no business caring about your "status".
      I agree with newacct, you shouldn't worry about your status. Only know your rights and what you can or can't do while you are waiting for your Adjustment of Status. For now you need to wait for your EAD to start employment and you cannot leave the country while waiting for an answer. Your status would be: pending decision for AOS

      Good luck!

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      • #4
        Thank you for replying, newacct and HoustonWifey. Much appreciated!

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