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How can I work with a valid EAD and an expiring I-94 with a pending I-485?

I am a dependent of an E-2 visa holder. We are Canadian citizens born in India. We filed an I-526 with a priority date of December 2017 and an I-485 in January 2019. My husband and I both have an I-94 valid until September 2019, and my EAD is also valid until September 2019. When I was filing for I-485, I realized that the last time I crossed the Canadian border, the border agent changed my I-94 to Feb. 25, 2019 instead of September. Since my EAD card says September 2019, can I still work after the current I-94 expires?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    With a pending I-485 and approved EAD, you can still work.

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    Charles Foster

    Immigration Attorney
    Answered on

    Since you filed for adjustment of status, and your dependent has a valid EAD, you should have also obtained at the same time an advance parole. You would not be in visitor status, but as an applicant for adjustment of status. Yes, you can still work, but if your current visitor status admission date on Form I-94 expires before you depart, you should not depart the U.S. until you obtain advance parole so that you re-enter on same and not as a visitor.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    You better check with your immigration attorney, but I believe since you have a pending I-485 you should be able to stay in the U.S. Since your EAD is valid until September 2019, you should be able to work until then. So, since you have a valid EAD with which you can work, your question is whether you can stay in the U.S. with an expired I-94 but a pending I-485. If you can, you should be able to work as well.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If the I-526 is approved and you have an EAD in connection with the I-485 (C9), then that is valid for working.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Your employment is authorized by EAD. So you are authorized to work to the full validity of the EAD expiration date, not the I-94. However, your authorized stay is governed by the I-94.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is not clear whether your EAD is based on an E-2 as dependent spouse or your pending I-485 case. You may work on an EAD base on a pending I-485 case if you filed for I-485-based EAD. Consult your immigration attorney who knows the specific facts of your cases and should be able to accurately answer your questions.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    A pending I-485 allows you to stay in the U.S. but not work without a valid EAD based on I-485. I'd have an attorney review this situation.

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