Working While Waiting for AOS

[IreMex 2]

Hi,

My Wife and I filed the I-130, I-485, I-131, I-864, and I-765 last week just before her OPT Visa Status had run out.

We have not received any notification from the USCIS. All we know is that the package was delievered and signed for last Thursday 08.16.12.

She had been working a cpl of Voluteer positions until recently. Now there is a chance that she will be offered a full time position in the next few weeks. Her OPT Status runs out this Friday 08.24.12.

She entered the US on a F1 Visa, Changed that to an OPT Visa on completion of her studies which allowed her to work here legally in her field.

My question is what is her legal status for employment when the OPT ends this week and the AOS petition is in process?

Thank you in advance for your help

[Oksana & Max 94]

I am not sure what is OPT, but I would assume if it runs out she will not be able to work till she get EAD approved which may take about 2-3 month.

[IreMex 2]

An OPT Visa is a Practical Training visa. It is given to Students on completion their Graduate studies here in the US. They are allowed to work for up to 18 months in their chosen field to gain work experience.

[JohnR! 5,495]

My question is what is her legal status for employment when the OPT ends this week and the AOS petition is in process?

Without EAD she will not be able to work past her OPT expiration date.

Could she make an arrangement with the place where she is working to continue to work there as an unpaid volunteer until she gets her EAD?

Edited August 21, 2012 by Gegel

[aaron2020 11,651]

Without EAD she will not be able to work past her OPT expiration date.

Could she make an arrangement with the place where she is working to continue to work there as an unpaid volunteer until she gets her EAD?

Agree with the need for an EAD in order for her to legally work past her OPT expiration.

However she cannot "volunteer" because it is work that is normally a paid position.

[IreMex 2]

I picked this up from a Google search on the University of Colorado Web site

Question: Can I work while waiting to get my green card?

Answer: When you apply for permanent residency (I-485, affidavit, medical exam, photos, etc.), you can also request work authorization to cover employment while your application is being processed. If you marry a permanent resident and are not able to file for the green card yet, you can only work if you have a valid non-immigrant visa which allows you to work.

http://www.colorado.edu/oie/isss/pdfs/MARRIAGE%20TO%20a%20US%20Citizen.pdf

So this implies that maybe she can work??

And we just got a NOA this evening

[aaron2020 11,651]

I picked this up from a Google search on the University of Colorado Web site

Question: Can I work while waiting to get my green card?

Answer: When you apply for permanent residency (I-485, affidavit, medical exam, photos, etc.), you can also request work authorization to cover employment while your application is being processed. If you marry a permanent resident and are not able to file for the green card yet, you can only work if you have a valid non-immigrant visa which allows you to work.

http://www.colorado.edu/oie/isss/pdfs/MARRIAGE%20TO%20a%20US%20Citizen.pdf

So this implies that maybe she can work??

And we just got a NOA this evening

I didn't come to the same conclusion you got.

What other visa would allow her to work after her OPT expires?

Without OPT work authorization, she doesn't have any other visa that allows her to work.

[Harpa Timsah 13,258]

You can request work authorization while AOS is pending - it's the EAD and it will be approved in 3 months. It's not immediate. She cannot work, sorry.

[DeeDee&Sam 68]

without the EAD she can work as an unpayd volunteer only. i did that at a pet clinic just to have something to do

Edited August 22, 2012 by DeeDee&Sam

[littlechewy 0]

She cannot work without EAD once her OPT expires. EAD can take up to 3 months to arrive in the mail, even longer if your application is missing some stuff then in that case you will get REF's in the mail. So hopefully your application is all good so your wife can get her EAD without a delay.

What you can do is if she needs the money, she can work under the table for a while until she gets her EAD. There are places that do that (small restaurants, beauty salons, etc...) if you just talk to the owner honestly. They will understand and pay her cash.

Or if she isn't stressed about money, she can go talk to her employer who like you said might offer her a paid job that she can work unpaid for say 2-3 months then once she got her EAD they can start paying her. That way she can keep the position to herself; otherwise her employer might just go ahead and look for another person to fill the position, they simply might not wait 2-3 months for her.

[aaron2020 11,651]

She cannot work without EAD once her OPT expires. EAD can take up to 3 months to arrive in the mail, even longer if your application is missing some stuff then in that case you will get REF's in the mail. So hopefully your application is all good so your wife can get her EAD without a delay.

What you can do is if she needs the money, she can work under the table for a while until she gets her EAD. There are places that do that (small restaurants, beauty salons, etc...) if you just talk to the owner honestly. They will understand and pay her cash. This is illegal. It's a TOS violation on this forum to encourage illegal activities.

Or if she isn't stressed about money, she can go talk to her employer who like you said might offer her a paid job that she can work unpaid for say 2-3 months then once she got her EAD they can start paying her. That way she can keep the position to herself; otherwise her employer might just go ahead and look for another person to fill the position, they simply might not wait 2-3 months for her. Also illegal. She cannot volunteer or work for free until she gets her EAD. This is specifically not allowed.

As a new member, I understand that you are trying to help. However, it is not helpful to give out information that encourages illegal activities. Please make sure that you are giving advice that is legal.

[KayDeeCee 4,893]

She cannot work without EAD once her OPT expires. EAD can take up to 3 months to arrive in the mail, even longer if your application is missing some stuff then in that case you will get REF's in the mail. So hopefully your application is all good so your wife can get her EAD without a delay.

What you can do is if she needs the money, she can work under the table for a while until she gets her EAD. There are places that do that (small restaurants, beauty salons, etc...) if you just talk to the owner honestly. They will understand and pay her cash.

Or if she isn't stressed about money, she can go talk to her employer who like you said might offer her a paid job that she can work unpaid for say 2-3 months then once she got her EAD they can start paying her. That way she can keep the position to herself; otherwise her employer might just go ahead and look for another person to fill the position, they simply might not wait 2-3 months for her.

Please do not encourage people to work illegally.

[littlechewy 0]

As a new member, I understand that you are trying to help. However, it is not helpful to give out information that encourages illegal activities. Please make sure that you are giving advice that is legal.

Ok my apology. Truth is that's what people do all the time, even legal USC/PR do that (talking about working under the table). I won't say it here, somebody else will tell them. You need money to pay bills. What else are you gonna do? Living on the streets, selling your organs?

Just because something is illegal doesn't mean it's wrong.

Just because something is legal doesn't mean it's right.

Don't mean to offend anyone. I'm sure some people will disagree. Oh well...

About working unpaid and some people say it's illegal. I have a question. I have seen company offer unpaid internships all the time. It's considered legal so I assume her employer can just make her an intern. Just saying. Correct me if this is also "illegal" and why.

[bigdog 376]

You filed now wait like everyone else, I sure her volunteer sponsors will understand and figure it out. You cannot get a different type of visa due to your pending application.

[Teddy B 17,252]

Ok my apology. Truth is that's what people do all the time, even legal USC/PR do that (talking about working under the table). I won't say it here, somebody else will tell them. You need money to pay bills. What else are you gonna do? Living on the streets, selling your organs?

Just because something is illegal doesn't mean it's wrong.

Just because something is legal doesn't mean it's right.

Don't mean to offend anyone. I'm sure some people will disagree. Oh well...

About working unpaid and some people say it's illegal. I have a question. I have seen company offer unpaid internships all the time. It's considered legal so I assume her employer can just make her an intern. Just saying. Correct me if this is also "illegal" and why.

Actually, that's exactly what right and wrong mean in the US. And people wonder why it has become so tough for people that do things the right way?