Question regarding employment?

[NURSE SAM 0]

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!

[lost_at_sea 995]

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.

[NURSE SAM 0]

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.

[victorian221b 12]

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.

[NURSE SAM 0]

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!