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  • Work while AOS pending

    Hi as you know spouses of US citizens are forgiven up to 180 days of unauthorized employment before their request is denied. Since the EAD process is now very long due to biometrics offices closed, would it be possible to work without the EAD in hand for up to 180 days, or until the EAD card is in hand? Yes I know, unauthorized employment is not allowed, but that’s not my question. Since USCIS does not bar you from adjusting status, if I end up working for less than 180 days would that affect in any way my green card approval?

  • #2
    I just wouldn't. Most companies today use the e-verify system to check authorization and you will come up with what is called a tentative non-confirmation. In todays atmosphere, I also wouldn't risk anything. You can request an EAD expedite, but otherwise, you probably might just have to wait.

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    • #3
      Originally posted by Manuel94 View Post
      Hi as you know spouses of US citizens are forgiven up to 180 days of unauthorized employment before their request is denied. Since the EAD process is now very long due to biometrics offices closed, would it be possible to work without the EAD in hand for up to 180 days, or until the EAD card is in hand? Yes I know, unauthorized employment is not allowed, but that’s not my question. Since USCIS does not bar you from adjusting status, if I end up working for less than 180 days would that affect in any way my green card approval?
      Unauthorized employment, for any amount of time, does not affect AOS for people in the Immediate Relative category. Being out of status, for any amount of time, also does not affect AOS for people in the Immediate Relative category. I am not sure where you are getting this "180 day" idea from.

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

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