A few questions - AOS pending

[francastor 1]

Hello all, this website has helped me a whole lot with the process. This site was basically my lawyer because we filled the applications with the help of users here. I sent the packet (May 19) and now i am just waiting, but I have a few questions.

I am an F-1 on OPT (expires in July 12).

I just received a job offer that I need to accept/deny in the following couple of weeks. I know this basically depends on whether or not the employer is willing to do it, but here are a few questions related to that:

1- If they let me start working, what happens during that gap between when my current EAD expires and when I get my new EAD? I know i can expedite the process through my congressman, but realistically the odds of me getting the EAD in time are pretty slim.

2- My wife, currently working, is my sponsor. The job I got is in another state so we'd have to move, which means she'd be unemployed...at least for a little while. What happens to the Affidavit of support then? Would I have to find a new sponsor?

3- I still have my SSN that was issued when i was a student with the "not a work authorization" clause on it, does having a EAD card take that off?

Thank you in advance.

[JimVaPhuong 4,863]

1- If they let me start working, what happens during that gap between when my current EAD expires and when I get my new EAD? I know i can expedite the process through my congressman, but realistically the odds of me getting the EAD in time are pretty slim.

You would be working without authorization after your current EAD expires.

2- My wife, currently working, is my sponsor. The job I got is in another state so we'd have to move, which means she'd be unemployed...at least for a little while. What happens to the Affidavit of support then? Would I have to find a new sponsor?

Her affidavit of support must be sufficient both at the time it is submitted, and at the time the immigration benefit is granted; i.e., when the green card is approved. If she's no longer working at that time then you'd need a joint sponsor. You're also taking a big risk moving in the middle of adjusting status. If your change of address isn't processed in time (which is a good possibility) then they may still schedule your AOS interview at the local USCIS office where you used to live. If you don't show up, your green card will be denied.

3- I still have my SSN that was issued when i was a student with the "not a work authorization" clause on it, does having a EAD card take that off?

I have been told by other VJ members that an EAD will not allow SSA to remove that statement from your Social Security card. You need to wait for your green card.

[francastor 1]

Thanks for answering. I've been looking for a job since I graduated last year, but wasn't able to get one within 90 days. Now I have this great offer and I'm not sure how to proceed. I don't think my employer will want to wait until I get my AOS EAD. My current EAD will be enough for my employer since I told them it will be "renewed" (although different EAD category) because I'm sure they're not familiar with the 90 days rule (although I damn well know this is illegal). Now I don't know if I want to do this, because most cases say that it is overlooked for spouses. I'm in complete limbo right now

[JimVaPhuong 4,863]

Thanks for answering. I've been looking for a job since I graduated last year, but wasn't able to get one within 90 days. Now I have this great offer and I'm not sure how to proceed. I don't think my employer will want to wait until I get my AOS EAD. My current EAD will be enough for my employer since I told them it will be "renewed" (although different EAD category) because I'm sure they're not familiar with the 90 days rule (although I damn well know this is illegal). Now I don't know if I want to do this, because most cases say that it is overlooked for spouses. I'm in complete limbo right now

Working without authorization is not supposed to be considered when you're adjusting status based on being an immediate relative of a US citizen. However, since you "damn well know" it's illegal then don't do it.