Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

EAD expiring. I-485 not accepted yet.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • EAD expiring. I-485 not accepted yet.

    When we got married, my wife was on F1 (student) visa and I was a lawful permanent resident (green card/ I-551). By the time I applied I-130 (petition for alien relative) for my wife she was under OPT and I was still a green card. Fast forward almost 6 months, I became a US citizen while my wife was still under OPT. We applied for I-485 (adjustment of status) for her along with I-864 (affidavit of support), I-765 (application for employment authorization), cover letter requesting upgrading a petition to immediate relative and all appropriate fees (3 separate checks, total $1635) in late June 2018. We haven't heard back anything from the USCIS yet. Her OPT EAD is expiring by the end of this week and we have an infopass appointment on the last day of her OPT EAD. I have several questions-

    1. After her OPT EAD expires what is her legal status going to be? Will she become illegal immediately? Or is there any grace period?

    2. Can she continue working after her current OPT EAD expires, prior to receiving an updated/ new EAD?

    Can't seem to find any clear answers to my questions anywhere. Hoping that you guys will be able to provide me with some guidance (and peace of mind).

    Thanks in advance.

  • #2
    Originally posted by pandaexpress View Post
    When we got married, my wife was on F1 (student) visa and I was a lawful permanent resident (green card/ I-551). By the time I applied I-130 (petition for alien relative) for my wife she was under OPT and I was still a green card. Fast forward almost 6 months, I became a US citizen while my wife was still under OPT. We applied for I-485 (adjustment of status) for her along with I-864 (affidavit of support), I-765 (application for employment authorization), cover letter requesting upgrading a petition to immediate relative and all appropriate fees (3 separate checks, total $1635) in late June 2018. We haven't heard back anything from the USCIS yet. Her OPT EAD is expiring by the end of this week and we have an infopass appointment on the last day of her OPT EAD. I have several questions-

    1. After her OPT EAD expires what is her legal status going to be? Will she become illegal immediately? Or is there any grace period?

    2. Can she continue working after her current OPT EAD expires, prior to receiving an updated/ new EAD?

    Can't seem to find any clear answers to my questions anywhere. Hoping that you guys will be able to provide me with some guidance (and peace of mind).

    Thanks in advance.
    1. once you receive notification that your I485 has been recieved, she will be out of status but not illegal. She can stay in the US legally while her AOS is pending
    2. No, you applied for a new EAD based on AOS. If you applied for a renewal that will most likely be denied if im not mistaken.

    Hope others can concur here, i'm not an immigration lawyer.
    This is my opinion, not legal advice!

    AOS (c9) 2 USC 485/130/131/765
    122017 - PD
    012518 - Biometrics
    033118 - EAD/AP Combo card delivered
    062618 - "Case is Ready to Be Scheduled for An Interview"
    082618 - "we scheduled an interview for your Form I-485"
    090418 - 2nd we scheduled
    091018 - first interview canceled
    092118 - Request to reschedule int
    102318 - Renewal filed EAD/AP
    030819 - EAD/AP Card in hand
    040219 - We canceled your int
    040519 - Int sched
    051419 - Interview
    053119 - approved

    Comment

    {{modal[0].title}}

    X

    {{modal[0].content}}

    {{promo.content}}

    Working...
    X