Proof of work status

[ryna 132]

My wife's AOS interview is in two days. Our original plan was for her not to work for her first year here but I lost my job about a week ago. Now, she wants to start looking to help out until I can find something new. (We don't need it as of now, but she'll feel much better if she's helping. And, it would help).

My question is:

If her GC is approved on Wednesday, she would obviously be work-eligible, but what would she use to prove it (if hired) between Wednesday and the arrival of her GC (up to 30 days according to USCIS)? She has her EAD but from what I've seen here on VJ, it's about 50/50 whether the IO takes it upon GC approval which would leave her nothing (in writing). Should we make a photocopy of the EAD to keep at home just in case? No job that she could jump into right now would be willing to wait up to 30 days for her to start. She worked in a professional setting in Colombia but would have to take a retail/service sector job here and they won't wait...

If (and I don't even want to think about this after 8 months of waiting) the GC is not approved on Wednesday due to my recent change in employment status, what happens to her EAD/AP status? Would it be cancelled immediately or would it continue until its expiration date in May 2012? My guess is that it would depend on whether the AOS is denied or put on hold (it really shouldn't be since I have already lined up a joint sponsor but I trust in nothing when it comes to USCIS.)

Mainly, I don't want her out there wasting her time if she won't be able to do anything in the interim.

Edited November 28, 2011 by ryna

[ceadsearc 516]

My wife's AOS interview is in two days. Our original plan was for her not to work for her first year here but I lost my job about a week ago. Now, she wants to start looking to help out until I can find something new. (We don't need it as of now, but she'll feel much better if she's helping. And, it would help).

My question is:

If her GC is approved on Wednesday, she would obviously be work-eligible, but what would she use to prove it (if hired) between Wednesday and the arrival of her GC (up to 30 days according to USCIS)? She has her EAD but from what I've seen here on VJ, it's about 50/50 whether the IO takes it upon GC approval which would leave her nothing (in writing). Should we make a photocopy of the EAD to keep at home just in case? No job that she could jump into right now would be willing to wait up to 30 days for her to start. She worked in a professional setting in Colombia but would have to take a retail/service sector job here and they won't wait...

If (and I don't even want to think about this after 8 months of waiting) the GC is not approved on Wednesday due to my recent change in employment status, what happens to her EAD/AP status? Would it be cancelled immediately or would it continue until its expiration date in May 2012? My guess is that it would depend on whether the AOS is denied or put on hold (it really shouldn't be since I have already lined up a joint sponsor but I trust in nothing when it comes to USCIS.)

Mainly, I don't want her out there wasting her time if she won't be able to do anything in the interim.

If they approve you on the spot and take the EAD explain your situation and ask about an I-551 stamp in her passport. They don't give them often anymore but it's a possibility.

If not approved on the spot, it's unlikely you'd be denied outright. Unless there is a major problem they'd review your case (common) and either approve it soon thereafter or request more evidence or even a Stokes interview (unlikely). In this case your wife can continue to work on her EAD.

[ryna 132]

If they approve you on the spot and take the EAD explain your situation and ask about an I-551 stamp in her passport. They don't give them often anymore but it's a possibility.

If not approved on the spot, it's unlikely you'd be denied outright. Unless there is a major problem they'd review your case (common) and either approve it soon thereafter or request more evidence or even a Stokes interview (unlikely). In this case your wife can continue to work on her EAD.

I had forgotten about the possibility of the I-551 stamp. Thanks! It's worth a try...

[Robert de Bonda 3]

I had forgotten about the possibility of the I-551 stamp. Thanks! It's worth a try...

When we had our interview, my wife was concerned about giving up her EAD/AP card and the IO asked if we thought that we might need it during the time that we were waiting for the resident card. We said that we might and he gave us an address to send it back to them after we received the resident card. My wife still has it and we'll mail it back to them as soon as the resident card arrives.