K-1 90-Day Work Visa Expires in 5 Days!

[Gail 0]

My husband's temporary work visa will expire on May 6th. If he is working, does he have to quit before getting his EAD card? We were married on March 1, and filed our AOS et al the next week, but are still awaiting our approval.

This is a serious problem because we are caught in this lapse time. Can he get an extension? Please advise. Need his income.

Thanks.

Gail

[TayRivers 4]

There is no extension available. He will no longer be authorized to work once his 90 days expire, if his employer asks for evidence he is not going to be able to provide it, if ICE were to do a check his employer will be in trouble. Hope you here good news soon.

[RaTBoX 1]

My husband's temporary work visa will expire on May 6th. If he is working, does he have to quit before getting his EAD card? We were married on March 1, and filed our AOS et al the next week, but are still awaiting our approval.

This is a serious problem because we are caught in this lapse time. Can he get an extension? Please advise. Need his income.

Thanks.

Gail

He doesn't have to quit. The responsability lies with the employer. If they are following the proper procedure, they should have written down his team EAD expiry date on his I-9 when he was hired, and they should perform a reverification check either before or on that expiry date. If they do the check, and he can't provide proof of work authorization beyond that date, they have to stop employing him on the expiration date.

If they don't do a check before on on the expiration date, they will probably keep employing him. However, if they get caught doing this, they are liable for fines, but your husband has not done anything wrong.

There is no extension, you will just need to wait for the EAD to arrive if the employer asks for revalidation proof.

[motu 5]

Best thing to do is to sit down with the boss and explain your situation - stop working if you don't receive the EAD and rejoin (if the employer allows it) upon receipt. Depending on your relationship with the employer - they may wait for you to get your EAD - explain to them the date you applied and the length it usually takes (around 90 days I think) - keeping your options open with the employer later on when you will be legally able to work is more important than the hassle of working illegally for both your employer and you. Good Luck