Legal Question in Immigration Law in Massachusetts

I am now working full time on OPT visa that ends in June. My husband's company has applied for Green card and we are expecting to have our Green card around December 2014. What can I do to be able to continue working in that 6 months period between the end of OPT and getting Green Card?


Asked on 1/25/14, 11:52 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

You cannot work without explicit, approved, valid work authorization from USCIS (such as an approved I-765 (EAD), OPT, H-1B, etc).

When you state your "husband's company has applied for greencard", does that mean you & your husband filed your I-485 applications, pursuant to an approved labor cert & I-140, with a current priority date?

If so, then you would have filed form I-765 for a work permit (EAD). Once you get the work permit application approved, you can work for anyone, anywhere in the U.S.

I recommend that your husband discuss his case, in detail, with the employer's attorney & get a copy of the pertinent forms, approval & receipt notices, as they apply to his case.

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Answered on 1/27/14, 10:52 am


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