Thank you
Full Version: temp EAD to EAD question!?
VisaJourney.com > General Family Based Immigration Topics > Working & Traveling prior to getting a Green Card
Hi AOS forum! My husband and I were recently married from the K-1 visa. When he arrived in America he was given the temp EAD stamp at JFK airport, valid for three months. He was given a great job opportunity but my question is.... CAN he still work between the time the temporary EAD has expired and the time he gets his green card? Any information or source links are greatly appreciated! His work is bothering him for some kind of proof and I just hope he doesn't have to quit!
Thank you
Thank you
The 1-year EAD you apply for along with AOS typically comes faster than the green card, so if you've applied for that, you should expect it within 2 or so months of applying, and that would save your day. Then it doesn't really matter when you get your green card.
But to answer your question, I do believe that if there is a gap between the end of the temporary EAD he got at JFK and receiving his EAD card or green card, then it's up to the employer to keep him or let him go.
Some employers will overlook the gap on the assumption that their employee records won't be audited, so they hope they won't get in trouble, and they don't have to let you go. Of course that puts them in an illegal position, but that's not really the employee's/your problem.
Others, like your husband's (apparently) prefer to enforce the law.
If you're lucky, the employer might hold the job for him until he can show them proof that he's authorized to work again.
Do note that while a green card serves as an EAD, you can (like I said above) apply for an EAD card (using form I-765) which makes you authorized for employment as soon as you're approved, and you don't have to wait for the green card.
But to answer your question, I do believe that if there is a gap between the end of the temporary EAD he got at JFK and receiving his EAD card or green card, then it's up to the employer to keep him or let him go.
Some employers will overlook the gap on the assumption that their employee records won't be audited, so they hope they won't get in trouble, and they don't have to let you go. Of course that puts them in an illegal position, but that's not really the employee's/your problem.
Others, like your husband's (apparently) prefer to enforce the law.
If you're lucky, the employer might hold the job for him until he can show them proof that he's authorized to work again.
Do note that while a green card serves as an EAD, you can (like I said above) apply for an EAD card (using form I-765) which makes you authorized for employment as soon as you're approved, and you don't have to wait for the green card.
When the temp EAD expires you are no longer employment authorized.... you are not authorized again until you are approved for an 1 year EAD that you can apply for along with your AOS....
If you employer is willing to have someone working for them illegally then thats their problem... only problem for your husband is if ICE were to be doing a check and he would have no way to prove he is allowed to work.... once AOS is approved any illegal work is then forgiven... but before AOS interview it would be up to the courts to decide...
Once you have been approved for your Greencard you no longer need a EAD..
Kez
If you employer is willing to have someone working for them illegally then thats their problem... only problem for your husband is if ICE were to be doing a check and he would have no way to prove he is allowed to work.... once AOS is approved any illegal work is then forgiven... but before AOS interview it would be up to the courts to decide...
Once you have been approved for your Greencard you no longer need a EAD..
Kez
It took Claudeth about three months to get her EAD
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