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Category: Immigration Law
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My OPT expires on Sept. 30 2013. I filed for my Green Card

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My OPT expires on Sept. 30 2013. I filed for my Green Card AOS on July 15th and sent in additional evidence requested on Sept 3rd. I still have not received my EAD. Can I continue working at my place of employment even after my EAD expires while waiting for AOS to go through? I filled for the AOS through my spouse who is an American Citizen by birth.

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Technically you should not, but since you are married to a u.s. citizen any period of work that is not covered by an EAD will automatically be forgiven so you are fine to continue working if your employer is ok with it. You should have your EAD within the next few weeks. I hope this helps clarify.


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Customer: replied 3 years ago.

Thank you so much for the prompt reply! Just a follow up question... Can I expect them to ask me this at the interview and deny me a green card because of it?

No problem. Typically they will not ask because you are married to a u.s. citizen they know it is forgiven and no you would not be denied a green card because of it. I have had clients who work illegally for years and then marria a USC and no one blinks an eye, so you are fine. I hope this helps clarify. Thanks and best regards.
Hi Devina,

I'm just following up with you to see how everything is going. Did my answer help?

Let me know,

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