Can I quit job while pending AOS with currently F-1 status?

[JamaraH 0]

Hello all:

I'm currently on F-1 OPT 17-month STEM Extension which ends in October 2016. My husband and I already filed forms I-130, I-485 and I-765(new EAD card). We have a joint sponsor and did not use our income to qualify. We have received form I-797 notice of action for each form, so my AOS case is in process.

My husband and I want to start a business together. My questions are:

Can I still work after my EAD card expired in October 2016, even though my AOS papers are in process and im waiting for my new EAD card?
Can I quit my job at any time and start a business with my husband without being out of status or affecting our AOS case?

Will it look bad in our interview if we are both not working but have money saved to start our business?

Thank you in advance for your time.

Edited July 29, 2016 by JamaraH

[aaron2020 11,651]

Hello all:

I'm currently on F-1 OPT 17-month STEM Extension which ends in October 2016. My husband and I already filed forms I-130, I-485 and I-765(new EAD card). We have a joint sponsor and did not use our income to qualify. We have received form I-797 notice of action for each form, so my AOS case is in process.

My husband and I want to start a business together. My questions are:

Can I still work after my EAD card expired in October 2016, even though my AOS papers are in process and im waiting for my new EAD card? No. You can not work even for free. You need a new EAD to work. If you do not have a valid EAD, then you can not work in any capacity.

Can I quit my job at any time and start a business with my husband without being out of status or affecting our AOS case? You can quit your job, but you can not start working on another job even if it is your own business.

Will it look bad in our interview if we are both not working but have money saved to start our business? No since you have a Joint Sponsor.

Thank you in advance for your time.

[JamaraH 0]

That was a very useful and thorough response, thank you.

Another thing:

Can I still work after my EAD card expired in October 2016, even though my AOS papers are in process and im waiting for my new EAD card? No. You can not work even for free. You need a new EAD to work. If you do not have a valid EAD, then you can not work in any capacity

I was under the impression that if my current STEM based EAD card expired I had 180 days grace period to keep working legally and without repercussions. After 180 days I should stop working until I receive my I-485 EAD card.

Is there any truth to that?

[aaron2020 11,651]

No. Why would you be allowed to work without authorization? The expiration date is there for a reason.