I-94 with employment authorization

[esperando 0]

When Samir came through Immigration at JFK he was held up for hours so he did not ask for employment authorization. Well we noticed the other day he had it on the back that was good until sep22. My question is does it expire 100%on the 22nd or does it extend when I applied for the I-765 and I-485? I have received my notice of action for I-765 and I-485, can he still work? If anyone has had a similar experience please let me know! I think that JFK is the only airport that offers this kind of work permit!!!!

Thanks

Allison

[sara535 15]

My understanding is that it expires on the 22nd, regardless of whether or not you have filed for the AOS already. Its a tough situation.

[esperando 0]

yeah,

Because it is part of his visa and his visa is supposed to expire the same day but it gets extended with the 485 NOA so would the autherazation be extended as well?

As luck goes I would think it is expired but I just want to know for sure!!!

Allison

[meauxna 15]

yeah,

Because it is part of his visa and his visa is supposed to expire the same day but it gets extended with the 485 NOA so would the autherazation be extended as well?

As luck goes I would think it is expired but I just want to know for sure!!!

Allison

No, you misunderstand. Nothing is extended.

As a K-1, he is work authorized for the first 90 days he's here. The stamp from JFK is his proof of that. It expires on the 22nd. period.

Meantime, you've married and sent in an application for a NEW work permit with the AOS. When the I-485 is accepted, he has legal permission to be here while it's reviewed (nothing extended--he has a NEW status, not an extension of his K-1 status). When he has the new EAD, he is REauthorized to work. Any time between the 22nd and holding the new EAD in his hand is unauthorized work time.