Can I use my F-1 based EAD card to work while waiting for my green card and new (c)(9)based EAD card to come?

[lady_wenyi 0]

I got married to a US citizen and our case has been received by USCIS in November 2014. I am looking for a full-time job these days while waiting for my new ©(9)based EAD and green card to come. My F-1 based EAD card has exceeded the 90 days unemployment rule but it is not expired until August 2015. Will I able to work using the F-1 based EAD card if I do have a job lined up these days? Or do I have to wait the new EAD card to come to work.

[Leo7777 243]

I posted my question on a Legal Help Website:

Four different Immigration Attorneys answered as follows:

1) Filing for adjustment does not terminate your student status. Your employment authorization

will remain valid if you otherwise do not violate your student status.

2) You remain on F-1 visa until the time a decision is made on your adjustment to permanent resident.

If denied you remain on F-1, if approved you become a green card holder.

3) You can continue working on your current F-1 EAD until the end of it or your status is adjusted

whichever comes first. You can also ask for a new one in the process of AOS.

4) You remain in your current status until it expires or until you receive adjustment of status,

whichever is earlier. If your current status expires before your I-485 is adjudicated, it will

not disqualify you from adjusting status and you will not be considered accumulating unlawful

presence - unless your I-485 gets denied, in which case you will be considered an overstay from

the date of expiration of your F1-OPT. You can continue working with your OPT employment

authorization card until it expires (or until you receive a green card and no longer need an

EAD to work). You should also file I-765 application for employment authorization with I-485:

this way, you don't have to pay the I-765 filing fee, and, in about 3 months from filing,

you will receive a new EAD bearing the "adjustment of status applicant" codes. It will be

valid for a year, can be extended if your I-485 will remain pending 9 months from now; and

you can use it either right away - or after your OPT EAD expires. A bit of advice: if USCIS

does not call you in for an adjustment interview by the time when you will have only a couple

of months left of your OPT, or if you have some other reasons to doubt that your adjustment of

status will be granted before your current status expires, talk to an immigration attorney

about a possibility to extend your F1/OPT status or to change it to something else - to keep

you in status regardless of the outcome of the adjustment process.

= = = =

Your situation is a little different.

So there are also some threads here that indicate unauthorized work is forgiven for those who marry US citizens and file for AOS.

[lady_wenyi 0]

I posted my question on a Legal Help Website:

Four different Immigration Attorneys answered as follows:

1) Filing for adjustment does not terminate your student status. Your employment authorization

will remain valid if you otherwise do not violate your student status.

2) You remain on F-1 visa until the time a decision is made on your adjustment to permanent resident.

If denied you remain on F-1, if approved you become a green card holder.

3) You can continue working on your current F-1 EAD until the end of it or your status is adjusted

whichever comes first. You can also ask for a new one in the process of AOS.

4) You remain in your current status until it expires or until you receive adjustment of status,

whichever is earlier. If your current status expires before your I-485 is adjudicated, it will

not disqualify you from adjusting status and you will not be considered accumulating unlawful

presence - unless your I-485 gets denied, in which case you will be considered an overstay from

the date of expiration of your F1-OPT. You can continue working with your OPT employment

authorization card until it expires (or until you receive a green card and no longer need an

EAD to work). You should also file I-765 application for employment authorization with I-485:

this way, you don't have to pay the I-765 filing fee, and, in about 3 months from filing,

you will receive a new EAD bearing the "adjustment of status applicant" codes. It will be

valid for a year, can be extended if your I-485 will remain pending 9 months from now; and

you can use it either right away - or after your OPT EAD expires. A bit of advice: if USCIS

does not call you in for an adjustment interview by the time when you will have only a couple

of months left of your OPT, or if you have some other reasons to doubt that your adjustment of

status will be granted before your current status expires, talk to an immigration attorney

about a possibility to extend your F1/OPT status or to change it to something else - to keep

you in status regardless of the outcome of the adjustment process.

= = = =

Your situation is a little different.

So there are also some threads here that indicate unauthorized work is forgiven for those who marry US citizens and file for AOS.

I read something similar as well, but I also heard that the 90 days unemployment rule is pretty strict.

I really dont know what to do since I might have a decent full-time job offer pretty soon.

[Leo7777 243]

Yes, the 90 day rule is strict . . . if you were merely in the F-1 EAD category.

But as married to USC and filing for AOS, you are in a second category where many sins are forgiven. One forgiven sin is unauthorized work.

[greenalien 3]

I read something similar as well, but I also heard that the 90 days unemployment rule is pretty strict.

I really dont know what to do since I might have a decent full-time job offer pretty soon.

yea i'm pretty sure my school's designated officer told me that my F1 OPT EAD was invalid the minute i accrue 90 days of unemployment on that status so i'm guessing you'll have to wait for your EAD from the I485 =/

can't you negotiate with your possible future employer though? i nearly got put on forced vacation when my EAD card wouldn't come in and my job was supposed to start, and my employer didn't seem very bothered at me (although they seemed kind of annoyed at USCIS).

[Leo7777 243]

I alluded to idea that unauthorized work is forgiven for those who marry US citizen and apply for AOS.

Here are some more precise details from an attorney.

http://www.klaskolaw.com/articles.php?action=view&id=118

Section 245©(1) - (8) of the Act. Distilled to their essence, these are somewhat redundant

provisions prohibiting adjustment of status in four instances: failure to maintain continuous

lawful status, absence of lawful nonimmigrant status, engagement in unauthorized employment,

and violation of the terms of a nonimmigrant visa.[6]

Applicants for adjustment of status as "immediate relatives"(spouses, children and parents of

U.S. citizens) are relieved of most of the common bars to adjustment of INA §245©, but not

the threshold requirements of INA §245(a) that they be inspected and admitted or paroled.

INA §245©(2) makes ineligible for adjustment any alien who has ever worked without authorization

prior to filing the application, and INA §245©(8) makes ineligible for adjustment any alien who

has worked without authorization.[12] The language of paragraph ©(8) does not specify the time

frame during which unauthorized employment is prohibited. The INS has determined that this language

refers to any time period before the adjustment of status application is granted.[13] Even one day

of unauthorized employment may render an applicant ineligible to adjust under these provisions

including unauthorized employment after filing for adjustment of status application.[14]

As noted above, a foreign national who qualifies for immediate relative status under INA §201(b)

is exempt from this ground of ineligibility.[15]

[Ricdan 9]

True, you are forgiven for unauthorized employment when you are an immediate relative of a US citizen; however, most employers fill out an I-9 form that you sign. They will verify your work authorization document that you present with USCIS. If you present your invalid EAD card it will come back as invalid and you will not get the job. The only way to get around this issue is to misrepresent yourself as a US citizen which is a horrible idea. This could prevent you from becoming a US citizen in the future or if you're interviewed by a Dwight Schrutesque officer it could prevent you from obtaining your green card.

[lady_wenyi 0]

I alluded to idea that unauthorized work is forgiven for those who marry US citizen and apply for AOS.

Here are some more precise details from an attorney.

http://www.klaskolaw.com/articles.php?action=view&id=118

Section 245©(1) - (8) of the Act. Distilled to their essence, these are somewhat redundant

provisions prohibiting adjustment of status in four instances: failure to maintain continuous

lawful status, absence of lawful nonimmigrant status, engagement in unauthorized employment,

and violation of the terms of a nonimmigrant visa.[6]

Applicants for adjustment of status as "immediate relatives"(spouses, children and parents of

U.S. citizens) are relieved of most of the common bars to adjustment of INA §245©, but not

the threshold requirements of INA §245(a) that they be inspected and admitted or paroled.

INA §245©(2) makes ineligible for adjustment any alien who has ever worked without authorization

prior to filing the application, and INA §245©(8) makes ineligible for adjustment any alien who

has worked without authorization.[12] The language of paragraph ©(8) does not specify the time

frame during which unauthorized employment is prohibited. The INS has determined that this language

refers to any time period before the adjustment of status application is granted.[13] Even one day

of unauthorized employment may render an applicant ineligible to adjust under these provisions

including unauthorized employment after filing for adjustment of status application.[14]

As noted above, a foreign national who qualifies for immediate relative status under INA §201(b)

is exempt from this ground of ineligibility.[15]

Thanks for the information but after reading more stuff online, I felt like waiting for my new EAD card to come would be a safer bet.

I guess I just dont want to risk it.

True, you are forgiven for unauthorized employment when you are an immediate relative of a US citizen; however, most employers fill out an I-9 form that you sign. They will verify your work authorization document that you present with USCIS. If you present your invalid EAD card it will come back as invalid and you will not get the job. The only way to get around this issue is to misrepresent yourself as a US citizen which is a horrible idea. This could prevent you from becoming a US citizen in the future or if you're interviewed by a Dwight Schrutesque officer it could prevent you from obtaining your green card.

this sounds serious. I think i would have to wait the new EAD card to come