Can I work still work in the states after I485 application? - EB5Investors.com

Can I work still work in the states after I485 application?

I am in the process of 1-526 right now. My OPT will be from 6/29/14-6/29/15 and I assume I can be granted 1526 and can file I485 before the expiration date of OPT EAD (6/29/15). My question is can I legally work in the states after 6/29/15 but at the same time I would have submitted my I485 application?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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These dates do not seem right, but you can automatically get a new, unrestricted work permit about three to five months after your adjustment is filed, if you file a request for one.

BoBi Ahn

BoBi Ahn

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When your OPT expires you are no longer authorized to work in the U.S. You will need to wait until your EAD is issued (i.e. when you file your I-485, you should also file for EAD and AP at the same time). You are authorized for employment after your EAD is issued.

Daniel A Zeft

Daniel A Zeft

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After your I-526 petition is filed, the I-526 petition will be pending at USCIS for two years based on the current processing time.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

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The OPT has expired almost three years ago.

Charles Foster

Charles Foster

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You can legally work in the United States after the approval of your I-526 petition and you have filed your application for adjustment of status on Form I-485, along with an application for an employment authorization document (EAD) on Form I-765. Only once the EAD is issued, which takes about 90 to 120 days, will you be authorized to work.

Jinhee Wilde

Jinhee Wilde

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You may not work under the expired OPT even after I-485 is submitted. You may only resume your work when the employment authorization application (I-765), submitted with I-485, is approved.

Vaughan de Kirby

Vaughan de Kirby

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Timing is difficult to predict with USCIS. However, when your attorney files your I-485, he or she will also file for your EAD (employment authorization). Once you have that in hand. you are authorized to work while your adjustment of status is pending.

Lynne Feldman

Lynne Feldman

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Do you mean 2018 or 2019, not 2015? After your OPT expires you cannot continue working until the EAD card requested under your I-485 is approved. These often take more than six months, so be prepared.

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