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VisaJourney.com > General Family Based Immigration Topics > Working & Traveling prior to getting a Green Card

Beachlover985

I am currently working on OPT and F-1 student visa and just in April filed for permanent residence with my wife. The new EAD is at 63 days and i realize that it needs 90 but my existing one expires on 7/7 and I need the new one to kick in by then to keep my job, my home, etc.

What are my options between the 7/7 expiration and the new EAD start date?

My employer wants to do whatever is LEGAL, not whatever is "up to them to risk and do"

Do I have to be terminated and re-hired? Can they keep me employed and not pay me for the lapse days?

Does USCIS want people to not make money or to not be employed PERIOD during such lapses?

PLEASE HELP!
rika60607
My feeling on a subject
(as a former F1/OPT holder and a current GC holder with some temporal space between the two) is:
USCIS does not want you to work/be paid while you are in between the two authorizations.
Your employer may be able to give you a leave of absence instead of termination and re-hireing.
Beachlover985
QUOTE(rika60607 @ Jun 23 2008, 10:28 AM) *
My feeling on a subject
(as a former F1/OPT holder and a current GC holder with some temporal space between the two) is:
USCIS does not want you to work/be paid while you are in between the two authorizations.
Your employer may be able to give you a leave of absence instead of termination and re-hireing.



Thank you for the info. Last time I brought up the leave option my boss said they usually only approve those for maternity and disability....
I hate how cut-and-dry they are...

Maybe seeing my pending application and knowing of the 90-day guideline will sway them... or MAYBE I WILL GET THE DANG CARD BY JULY 7!!!!

mad.gif
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