irishpete

you *can* apply for your EAD prior to sending AOS under a(9), but it will only be valid until your I94 expires. Most people skip this, file AOS & EAD together. If you want the year long EAD - you will have to apply under c(9) with your AOS.

You must file your EAD and AOS concurrently. If you were not married (assuming you are an immigrant marrying a US citizen) when you filed there would be no basis for granting employment authorization. I would call the USCIS national service center and discuss alternatives to receive a refund. Go to USCIS.gov then contact us. The NCSC number is listed there. Good Luck

Thanks for all the replies. It's very helpful. My girlfriend wants to do journalism, and she will most likely go to China to cover the Olympics next summer as an intern. That's what we are concerned about. I guess we gonna go through with it. I feel this is a fairly valid reason for leaving the country.

If you have already applied for you 1-485 based on marriage to a US citizen you should receive your green card in 6-8 months. Then you wont have to worry about advanced parole.

We applied for EAD in the second week of March and are anxiously waiting for an approval, but no news as of yet. Anyone else in the same boat?

Just taking a pulse.

I applied in May, however this is my second one. One for F1 opt and now one while adj of status form is pending. If you havn't received it within 90 days of your receipt notice you can go to your local USCIS office and obtain the card on the spot. That's what happened to me when my first card was sent to the wrong address and I didnt receive it within the 90 day time frame

My AOS package just arrived in Chicago

Just a word of advice for those who have an EAD (ie F1 student) then adjust status based on marriage but have a time lag between new EAD arriving. Under section 245K of the Naturalization act you are allowed to work for up to 180 days of the expiration date of the first card. I have read other blogs while researching my own case and found some people who quit there jobs or took a 3 month vacation. The government cannot consider you out of status, as long as your application has been submitted and receipt notices sent (for 1-485) for 180 days. If its going to be longer than that quit your job or your application will be denied.