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morgonzobean

I am a US citizen, my wife is french working with an EAD via OPT(F1) - she is going to be filing the I-485 in early November

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Filed: Timeline

I am a US citizen, my wife is french working with an EAD via OPT(F1) - she is going to be filing the I-485 in early November, 2012. Her EAD is set to expire January 11, 2013 - will she be able to work with the I-485 pending? thanks so much!

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Filed: Citizen (apr) Country: Hungary
Timeline

You do know that you have to file an I-130 as well, right? With the I-130 & I-485 concurrent filing, you can file for a new EAD for no extra fee. It takes about 3 months to receive the new EAD card.

I am not a 100% sure if she is allowed to work in between the expiration date of the old EAD and receiving the new one, but I would venture to say that she is NOT allowed.

Somebody else I am sure will chime in and correct me if I am wrong. Good luck!

I highly recommend this guide:

http://www.visajourney.com/content/i130guide2


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: K-1 Visa Country: Wales
Timeline

Once she has the new EAD, if you delay there might be a gap.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Wales
Timeline

She can with her new EAD, she will always need a valid EAD.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: AOS (pnd) Country: Taiwan
Timeline

I am 99.99% sure that once you are filed, your wife will not be able to work until she receives her new EAD card.

I was also working with my EAD (F1/OPT) which expired at the end of this August. Someone (an attorney!) told me the same: that I would be able to keep my OPT acquired job while my status shows pending. So I left work the day before my F1/OPT EAD expired, sent our AOS package, and came back to work with my NOAs.

However, when I brought in the NOAs (proof of my pending status) to my employer, the employer's attorney and HR said that they can not have me working since they need the number on my EAD card for W2 and other tax papers.

I was devastated, not only because I couldn't imagine not working for so long, but also because I was totally misled by an immigration lawyer(!!)that "it's OK to work on pending stats". Obviously, it is NOT OK!

Anyways, I would say that if you could, wait until the EAD is about to expire, and then file. Talking to the employer should not be a bad idea, too. I wouldn't have thought that my company would be willing to wait for my return.


Our Story:

08/2006: Met in Taiwan, he was on a job tour and I was the local tour manager

12/2006: Came to NYC for the first visit

05/2007: 2nd NYC visit, met his family

12/2007: He came to Taiwan, met my family

06/2008: 3rd NYC visit, attended his master graduation

01/2009: He came to Taiwan, had Chinese New Year with family and friends

08/2009: I moved to NYC for master degree

08/15/2012: Married~on our anniversary day

---------------------------------------------------------------------------------------------------------------------------------------------------

My Journey:

08/20/2012 (Day 0) : AOS package sent (F1 visa)

08/27/2012 (Day 7) : Received NOAs

08/30/2012 (Day 10): Received Biometrics appointment notice

09/14/2012 (Day 25): Received RFE letter (Birth certificate and I-693)

09/15/2012 (Day 26): Sent birth certificate and I-693

09/20/2012 (Day 31): Received notification of RFE Proof of Delivery letter

09/27/2012 (Day 38): Biometrics completed

09/28/2012 (Day 39): Contacted Congressman for EAD expedition

10/10/2012 (Day 51): EAD status updated: Production of card ordered

10/16/2012 (Day 57): EAD mailed

10/18/2012 (Day 59): EAD received!

01/31/2013 (Day 164): Received Appointment notice for an interview

02/04/2013 (Day 168): Received Appointment notice letter

03/06/2013 (Day 198): Interview at National Benefits Center, NYC

03/08/2013 (Day 200): Received Status update: Card/Document Production, I-130 approved

03/14/2013 (Day 206): USCIS mailed the card

03/17/2013 (Day 209): Received green card

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