Need help (AOS & I-130 filed together)

[mjnadres]

I need help. My current EAD is expiring 03/04/2017 and my employer is looking for New EAD which i haven't applied for (I completely forgot)
I sent my I-130 (USC husband petitioned me) with I-485 to Chicago lockbox on 02/02/2017 and USPS said they should've received it 02/04/2017 the latest but i haven't heard from USCIS and they haven't cashed my checks yet.

My current status is DACA. Should I renew my EAD through DACA or should I just wait for the I-797C for my petition and AOS.

Also, can I use the I-797C to continue working? I've heard from some people that you can, and from others that you can't.

[newacct]

EAD often takes 100+ days now to get after applying.

You could try to renew your DACA but you still won't be able to work after your current EAD expires and while the application is pending.

[scientist2016]

Newacct, does the recent 180 day automatic EAD extension work for DACA based EADs? I do not think so, right? Update: I checked, USCIS site clearly states you will not be able to work, and you will accrue illegal stay until the new deferral is received.

[newacct]

Newacct, does the recent 180 day automatic EAD extension work for DACA based EADs? I do not think so, right? Update: I checked, USCIS site clearly states you will not be able to work, and you will accrue illegal stay until the new deferral is received.

Nope. Category C33 (DACA) is not one of the allowed categories, and that makes sense because the rule said that it's only for EAD categories whose renewal don't depend on the renewal of an underlying basis. But DACA EAD renewal depends on the renewal of DACA, so it doesn't apply.

Not sure what you mean by "illegal stay".

[scientist2016]

Sorry meant to say "Accrue unlawful presence".

[mjnadres]

Since I filed my I-485 I'm just waiting for NOA so I can file my I-765. But I'm just wondering.. If I continue to work past my EAD expiration date, it shouldn't affect my AOS b/c immediate relatives of USC's are "protected"
Or that's my understanding anyway. I read it on section 245(c)(2) of the immigration and nationality act. Or did I read that wrong? Anyone else heard of that?

[newacct]

Since I filed my I-485 I'm just waiting for NOA so I can file my I-765. But I'm just wondering.. If I continue to work past my EAD expiration date, it shouldn't affect my AOS b/c immediate relatives of USC's are "protected"
Or that's my understanding anyway. I read it on section 245(c)(2) of the immigration and nationality act. Or did I read that wrong? Anyone else heard of that?

That's correct. Unauthorized employment does not affect your AOS as you are in the Immediate Relative category.

[scientist2016]

Just a clarification: My comment regarding "accruing unlawful presence" was only regarding the DACA based EAD. Was wondering if it fell under the automatic extension category, and the answer is unfortunately No.

[mjnadres]

Has anyone ever heard of USCIS giving courtesy calls?
I got a call from a (213) 334-3502 number but I missed it so they left a voicemail saying its courtesy call from uscis but they didn't really say what the courtesy call was for ? Also they didn't leave a name or a call back number...