Jump to content
Sign in to follow this  
NURSE SAM

Question regarding employment?

5 posts in this topic

Recommended Posts

In updating my timeline, I was looking at other's and came across form I-765 (employment). I honestly don't remember us ever doing that form? After marrying my husband received the temporary Green Card. My husband had applied for a SS card and received that too. He did obtain employment. Once we filed for I-751 (Removal of Conditions on Permanent Residency) we did receive a notice that said the Green Card date was extended a year, and my husband could continue to live and work in the U.S.

I see the SS card does say something about getting stamped for employment, but his never was. So now he should be getting his Permanent Green Card within 60 days. Is there anything we should have filed that I missed, or anything I should file now? Does he need a new SS card without that special wording on it?

Just want to make sure I didn't miss anything!

Share this post


Link to post
Share on other sites

I-765 is the form used to apply for EAD which gives someone the ability to work in the USA. K1s usually complete it when they fill out their AOS forms, as they can file for that and AP (advanced parole - to travel abroad) for free with their AOS package.

K1 entrants can't legally work in the USA until they either have EAD or their green card comes through.

It's no big deal - if your husband didn't bother and just waited for his GC to begin work, that's fine. EAD is for folks who want to work sooner than their AOS will be completed. It would have been a big deal if your husband had been working without EAD or GC, since he would have been illegally employed - but that doesn't sound like the case.


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

Share this post


Link to post
Share on other sites

Well he had his conditional residency status/green card prior to working (K-1 visa) and his SS card. And like I said, after filing for removal of conditions on residency we did receive an extension letter that said he could continue to live/work in the U.S. until the permanent residency was granted (AOS I-751). We have that approval now and are just waiting for his new green card to arrive in the mail. I hope we did everything correct. It sounds like I did if the letter said he could work still. Maybe I did file that form (I-761) and just forgot.

I just read this info so I think we are good. He didn't work until after receiving his green card (I am so glad we are done with all of this now):

Is an EAD Required Once Adjustment of Status Has Been Made?

Provided you have complied with U.S. immigration law and have married your US citizen spouse within 90 days of arrival in the United States, and you have filed a joint petition to adjust your status to Conditional Permanent Resident, you do not legally need to apply for an EAD to work. Once you have adjusted your status, your Conditional Permanent Resident card serves as ample proof of your eligibility to work legally in the United States.

However, if you do not intend to work until you adjust your status, you should bear in mind that it can take up to a year to complete the adjustment of your status before you receive your Conditional Permanent Resident card. It is important to weigh the pros and cons of applying for an EAD before you decide on the best course of action.

K-1 Fiancé(e) applicants who wish to work once they move to the United States can do so either before the adjustment of their status, or right afterwards. If you wish to take up employment soon after your arrival, you must apply for an EAD within 90 days of your arrival and comply with USCIS regulations. However, if you wish to wait until after you have adjusted your status to Conditional Permanent Resident, you can do so, as your new card will serve as proof of your eligibility to work in the United States.

Source:

U.S. Citizenship and Immigration Services, I-765, Application for Employment Authorisation.

Share this post


Link to post
Share on other sites

Hello!

You are all set with the employment requirement documentation. :)

Your husband wouldn't have been allowed to work if he didn't get a green card and was under a different status that does not grant employment.

An EAD is actually a separate card/document. I had one when I was doing AOS from my H1-B to the Conditional GC. I got the EAD because I needed to work and my H1-B was expiring before my GC. The EAD was able to carry me over that gap (i.e. the time my H1-B expired to the time I get my GC).

Well he had his conditional residency status/green card prior to working (K-1 visa) and his SS card. And like I said, after filing for removal of conditions on residency we did receive an extension letter that said he could continue to live/work in the U.S. until the permanent residency was granted (AOS I-751). We have that approval now and are just waiting for his new green card to arrive in the mail. I hope we did everything correct. It sounds like I did if the letter said he could work still. Maybe I did file that form (I-761) and just forgot.

I just read this info so I think we are good. He didn't work until after receiving his green card (I am so glad we are done with all of this now):

Is an EAD Required Once Adjustment of Status Has Been Made?

Provided you have complied with U.S. immigration law and have married your US citizen spouse within 90 days of arrival in the United States, and you have filed a joint petition to adjust your status to Conditional Permanent Resident, you do not legally need to apply for an EAD to work. Once you have adjusted your status, your Conditional Permanent Resident card serves as ample proof of your eligibility to work legally in the United States.

However, if you do not intend to work until you adjust your status, you should bear in mind that it can take up to a year to complete the adjustment of your status before you receive your Conditional Permanent Resident card. It is important to weigh the pros and cons of applying for an EAD before you decide on the best course of action.

K-1 Fiancé(e) applicants who wish to work once they move to the United States can do so either before the adjustment of their status, or right afterwards. If you wish to take up employment soon after your arrival, you must apply for an EAD within 90 days of your arrival and comply with USCIS regulations. However, if you wish to wait until after you have adjusted your status to Conditional Permanent Resident, you can do so, as your new card will serve as proof of your eligibility to work in the United States.

Source:

U.S. Citizenship and Immigration Services, I-765, Application for Employment Authorisation.


ROC Journey:

4/24/13 - Submitted I-751 application

4/26/13 - I-751 officially filed

6/11/13 - Biometrics done

8/14/13 - Rec'd RFE

9/21/13 - Submitted RFE response

9/23/13 - RFE response rec'd at VSC

(about 2 months later)

11/21/13 - Service request via Tier 1 submitted

12/11/13 - Response to service request rec'd - vague info about processing times

12/12/13 - Service request via Tier 2 submitted

12/10/13 - APPROVED!!! (letter rec'd 12/14/13)

12/16/13 - 2nd Service request response rec'd

12/17/13 - Card production email/text rec'd (online case updated)!

12/24/13 - Notification rec'd via email regarding card mailed on 12/23/13 (online case updated as well)

12/26/13 - 10-yr card rec'd!

One thing I have learned on this journey:

There is no such thing as an "overkill" evidence package. Submit anything and everything you can. Who knows what will prevent you from getting an RFE.

Share this post


Link to post
Share on other sites

Hello!

You are all set with the employment requirement documentation. :)

Your husband wouldn't have been allowed to work if he didn't get a green card and was under a different status that does not grant employment.

An EAD is actually a separate card/document. I had one when I was doing AOS from my H1-B to the Conditional GC. I got the EAD because I needed to work and my H1-B was expiring before my GC. The EAD was able to carry me over that gap (i.e. the time my H1-B expired to the time I get my GC).

Thanks!

I-765 is the form used to apply for EAD which gives someone the ability to work in the USA. K1s usually complete it when they fill out their AOS forms, as they can file for that and AP (advanced parole - to travel abroad) for free with their AOS package.

K1 entrants can't legally work in the USA until they either have EAD or their green card comes through.

It's no big deal - if your husband didn't bother and just waited for his GC to begin work, that's fine. EAD is for folks who want to work sooner than their AOS will be completed. It would have been a big deal if your husband had been working without EAD or GC, since he would have been illegally employed - but that doesn't sound like the case.

Thanks for your reply!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×