EAD expires for F1 student - legal status = ?

01-09-2004, 05:06 AM

A friend of mine is on H1(B) with I-485 filed. His wife has also
filed I-485, as his dependent. Before that she was on F1, completed
her studies, and started working off of the EAD she had received.

Both the husband's and wife's EAD are about to expire - and have
applied for new EADs.

1. In case the wife's EAD expires before she gets the new one will
she be out of status?

2. Can she continue to work while she is awaiting the new EAD?

3. Will the local INS office issue her an interim EAD so that she can
continue to work?

Your insights and responses will be most appreciated.

- GD

01-09-2004, 06:39 PM

"gd" <> wrote in message
news:...

    > A friend of mine is on H1(B) with I-485 filed. His wife has also
    > filed I-485, as his dependent. Before that she was on F1, completed
    > her studies, and started working off of the EAD she had received.
    > Both the husband's and wife's EAD are about to expire - and have
    > applied for new EADs.
    > 1. In case the wife's EAD expires before she gets the new one will
    > she be out of status?

No.

    > 2. Can she continue to work while she is awaiting the new EAD?

Not legally.

    > 3. Will the local INS office issue her an interim EAD so that she can
    > continue to work?

If 90 days have passed since the filing of the I-765, maybe.

01-09-2004, 11:12 PM

Thanks for your response. So if she is does not any status issues, is
"I-have-applied-for-I-485" in itself a status?

- GD

"Sylvia Ottemoeller" <> wrote in message news:<btn029$kdf$>...
    > "gd" <> wrote in message
    > news:...
    >
    > > A friend of mine is on H1(B) with I-485 filed. His wife has also
    > > filed I-485, as his dependent. Before that she was on F1, completed
    > > her studies, and started working off of the EAD she had received.
    > >
    > > Both the husband's and wife's EAD are about to expire - and have
    > > applied for new EADs.
    > >
    > > 1. In case the wife's EAD expires before she gets the new one will
    > > she be out of status?
    >
    > No.
    >
    > > 2. Can she continue to work while she is awaiting the new EAD?
    >
    > Not legally.
    >
    > > 3. Will the local INS office issue her an interim EAD so that she can
    > > continue to work?
    >
    > If 90 days have passed since the filing of the I-765, maybe.

01-09-2004, 11:28 PM

"gd" <> wrote in message
news:...

> Thanks for your response. So if she is does not any status issues, is
> "I-have-applied-for-I-485" in itself a status?

Yes.