Adjustment of Status and Renewal of EAD

[adityac3po]

Hello,

I am a student on F1 status , but now I am out of status because I did not register for classes due to financial reasons. I will soon be marrying my girlfriend who is a US Citizen and since we love each other very much. I am presently on OPT , but this will expire as I am out of status. Should I apply for Adjustment of status and renewal of EAD after I get married? If so can I still work until I get my new EAD card? Since I already have an EAD card

Thank you

[PraetorianXI]

If you are out of status your EAD card is unvalidated and you will be working illegally.

You are better of applying for AOS and an EAD and working when you receive this new EAD.

[adityac3po]

Thanks for the reply,

Do you know how much time it will take to renew an existing EAD card?

Thanks

[PraetorianXI]

You can not RENEW this card. As it is based on an expired status.

You must apply for a NEW card under the AOS (I-485). It should take anywhere from 60-90 days.

[adityac3po]

Thanks

One more question.. What do I tick on the check list on the first page of the form I-485 since I will be married to a citizen a,b,c,d,e,f,g, or h

[PraetorianXI]

tick (a).

And include a copy of the I-130 receipt (if you filed it already).

OR

Make sure that you file both I-130, I-485, I-765. With their supporting documents and forms:

I-864, I-693, G-325a.

[adityac3po]

Thanks

I am already working for a company and if my EAD expires, I can file it along with I-485. Is it possible if I get an offer letter from the same company and send it to experdite the processing. My Girlfriend will be dependent on me for her education. So I will be sponsoring for her education

[PraetorianXI]

You are out of status. Your EAD is invalid, you should NOT be working with that EAD.

You can not expedite it unless you can prove that you are working legally and plead with an Officer at your Local District Office to send a request to the National Benefits Center (after you file for AOS).

Your GF, is the one who should sponsor you for the GC (Read the I-864).

[waitin_toolong]

I dont know what your logic is but I cannot see how you guys are going to show any financial strenth with her being out of job and you essentially working on invalid EAD. your job needs EAD and cannot be the basis of income in this scenario

[adityac3po]

Thanks

Can my company expedite the processing? Since my role in the company is very important

[PraetorianXI]

there's no form to do that. You can try to make an infopass to your local district office and bring a letter from the company stating how important your job is to then. If you manage to convince (after much pleading/begging) the officer then he will send an email to the NBC (who handles the EAD application) and even then! There is no guarantee that the NBC will honor the request.

I do not think your company will be too happy to put in written that you have been illegally employed with them.