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MOONPIE

EAD and When can I start working?

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Good morning to you all,

I have a few question regarding EAD.

It's a little complicated but please bare with me.

I filed my AOS a few weeks ago and I've got NOA and receipts in mail. :dance:

I am currently on H1B and the status is still pending. (initial review to be exact)

With H1B, I was told I can start working as soon as I get the receipt, which I did.

There is a job offer and I am just wondering if I can do the same with family based visa.

Can I start working as soon as I get the I765 receipt?

Thank you for your help in advance.


4/26 2012 Mailed I-485 & I-130 including supporting documentaion

5/02 2012 Package arrived at Chicago Lockbox

5/08 2012 Check cashed

5/12 2012 Biometrics & NOA notices in mail

5/14 2012 Early walk-in Biometrics for I485 (5/29 2012 Original biometrics appointment)

5/14 2012 Mailed I765

5/16 2012 I765 delivered

5/17 2012 2ND Biometrics NOA for I485

5/18 2012 Completed 2ND Biometrics

6/04 2012 Received Biometrics NOA for I765

6/05 2012 Early walk-in Biometrics (6/21 2012 Original biometrics appointment)

6/25 2012 Online Status Update : EAD 6/23 Card Production Ordered

6/27 2012 Online Status Update : EAD 6/27 Card Production Ordered

6/28 2012 Online Status Update : EAD 6/28 Card picked up by USPS

7/05 2012 EAD in hand.

8/17 2012 Interview letter received ( Interview date : 9/17 )

9/17 2012 Approved!

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Great!

Thanks Aduque


4/26 2012 Mailed I-485 & I-130 including supporting documentaion

5/02 2012 Package arrived at Chicago Lockbox

5/08 2012 Check cashed

5/12 2012 Biometrics & NOA notices in mail

5/14 2012 Early walk-in Biometrics for I485 (5/29 2012 Original biometrics appointment)

5/14 2012 Mailed I765

5/16 2012 I765 delivered

5/17 2012 2ND Biometrics NOA for I485

5/18 2012 Completed 2ND Biometrics

6/04 2012 Received Biometrics NOA for I765

6/05 2012 Early walk-in Biometrics (6/21 2012 Original biometrics appointment)

6/25 2012 Online Status Update : EAD 6/23 Card Production Ordered

6/27 2012 Online Status Update : EAD 6/27 Card Production Ordered

6/28 2012 Online Status Update : EAD 6/28 Card picked up by USPS

7/05 2012 EAD in hand.

8/17 2012 Interview letter received ( Interview date : 9/17 )

9/17 2012 Approved!

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No, that is incorrect. A receipt for a I-765 is not a document suitable for employment on the I-9 form. You need the EAD approved and in hand before you can work. You will be turned away for employment.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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If your employer allows you or understands that your EAD is in process and will be in your hands shortly, you can. I dealt with this for many years but it is up to the discretion of the employer (this was said to me by IO a few years ago) best of luck.

This is dangerous, incorrect information.

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No. You need the EAD. You CANNOT work without it. It is not at the discretion of the employer unless by discretion you mean the discretion to choose to employ someone illegally or not.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Well then Charlotte IO is wrong and the Raleigh/Durham people too....if you read correctly I never said he was guaranteed anything, it is up to the employer that is all I said. I had my EAD and a new one being processed and it lapsed, I contacted USCIS and they told me it was at the discretion of the employer and the only thing I could show them that it was being processed was the receipt.

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Well then Charlotte IO is wrong and the Raleigh/Durham people too....if you read correctly I never said he was guaranteed anything, it is up to the employer that is all I said. I had my EAD and a new one being processed and it lapsed, I contacted USCIS and they told me it was at the discretion of the employer and the only thing I could show them that it was being processed was the receipt.

That is a completely different situation.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Thank you everyone.

I decided not to risk anything. :)


4/26 2012 Mailed I-485 & I-130 including supporting documentaion

5/02 2012 Package arrived at Chicago Lockbox

5/08 2012 Check cashed

5/12 2012 Biometrics & NOA notices in mail

5/14 2012 Early walk-in Biometrics for I485 (5/29 2012 Original biometrics appointment)

5/14 2012 Mailed I765

5/16 2012 I765 delivered

5/17 2012 2ND Biometrics NOA for I485

5/18 2012 Completed 2ND Biometrics

6/04 2012 Received Biometrics NOA for I765

6/05 2012 Early walk-in Biometrics (6/21 2012 Original biometrics appointment)

6/25 2012 Online Status Update : EAD 6/23 Card Production Ordered

6/27 2012 Online Status Update : EAD 6/27 Card Production Ordered

6/28 2012 Online Status Update : EAD 6/28 Card picked up by USPS

7/05 2012 EAD in hand.

8/17 2012 Interview letter received ( Interview date : 9/17 )

9/17 2012 Approved!

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Thank you everyone.

I decided not to risk anything. :)

Good call. It wouldn't really have been a risk so much as a waste of your time and the potential employers. :thumbs:


July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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Just for future reference, you can start applying for jobs when you get a notice that EAD is in Card Production state.


3/23/2012 (Day 0) - I-130, I-485 and I-765 sent
4/02/2012 (Day 11) - Hard Copy of NOA1 in the mail of I-130, I-485 and I-765
4/04/2012 (Day 13) - Received a letter for biometrics appointment for 4/20/2012.
4/20/2012 (Day 29) - Biometrics done
5/03/2012 (Day 42) - Status online changed to interview, scheduled for June 11
5/16/2012 (Day 55) - EAD Card Production, online status update
5/24/2012 (Day 63) - EAD Card in the mail
6/11/2012 (Day 83) - Interview, approved on the spot

05/19/2014 (Day 0) - Mailed I-751

05/27/2014 (Day 8) - Received NOA1

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Just for future reference, you can start applying for jobs when you get a notice that EAD is in Card Production state.

That's about what I did. It can take some time to get a response, do the interview etc.

I started sending my resume out probably a few days after they notified me it would be in production and I start my new job today. :dance:

Edited by jdh

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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If your employer allows you or understands that your EAD is in process and will be in your hands shortly, you can. I dealt with this for many years but it is up to the discretion of the employer (this was said to me by IO a few years ago) best of luck.

Not correct. That changed in April 2009 to be exact. You must have the EAD in hand. If the employer decides to employ you before that you are both in violation.


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Well then Charlotte IO is wrong and the Raleigh/Durham people too....if you read correctly I never said he was guaranteed anything, it is up to the employer that is all I said. I had my EAD and a new one being processed and it lapsed, I contacted USCIS and they told me it was at the discretion of the employer and the only thing I could show them that it was being processed was the receipt.

A few years ago they were not wrong. Now they are. And sometimes local offices do give wrong information. It is not up to the employer to determine the legality of it, it is not legal to do so currently. It is up to the employer to take a risk of doing something illegal, of course.


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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No. You need the EAD. You CANNOT work without it. It is not at the discretion of the employer unless by discretion you mean the discretion to choose to employ someone illegally or not.

:thumbs: Absolutely correct.

Prior to April 2009 there was some vague-ary (for lack of better term) that prevented the government from enforcing the law against K-1 holders working under certain circumstances. It never was "legal" for a K-1 holder to work without an EAD, but for some time the wording on the I-9 was so muddled as to make it impossible for an employer to reasonably be expected to understand what was needed and hence the law was not "enforced" leaving it "up to the employer" to decide, so to speak.

That was corrected in February 2009 and enforcement began in April 2009.

Until that time, local offices overlooked a K-1 applicant working. I have been told by more recent applicants that they will STILL overlook that, but I have no evidence of that and the law specifically does NOT allow them to overlook it...so I would not recommend it.


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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