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SuLim

Are we allowed to work while I-765 is pending/"closed"?

By SuLim in Adjustment of Status from Work, Student, & Tourist Visas

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SuLim Newbie

SuLim   0

Posted
Filed: AOS (pnd) Country: Malaysia
 Timeline
Posted

Hi all,

 

Q: Am I allowed to work while my I-765 case is currently "closed"?  

Apparently in USCIS system, on the surface it looks like my green card was approved (even though it is not), so when I filed for my renewal of work authorization I-765, USCIS closed the case without sending me a letter to notify me. Reason of case being closed: "benefit will be received elsewhere". Was only aware of the case being closed when I checked the status online. USCIS said they will reopen my case but it seems like it is going to take awhile - as my case file is now in "archives".

 

 

Thank you.

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Do you have an unexpired EAD? If not, then you have no evidence of your work authorization suitable to complete an I-9 anyway. If so, you can keep using the existing one fine.

I'll just note that a timely filed renewal is automatically extended for 180 days: https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension

 

If the case was closed and you do not have an unexpired EAD or green card, then you would not be authorized to work.

 

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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