My wifes EAD will expire soon. Our AOS interview isn for another month. So we filed for an EAD renewal. If we don get the renewal by the expiration date, does my wife have to stop working?
A. I called BCIS this morning and the rep said that she has to stop working. A. First, you are not out of status just because your EAD expires. As long as the Adjustment is still pending, you will be in status whether or not you have work authorization. However, if you are working, you must have the EAD (or some other valid visa which authorizes work) or you will be engaging in unauthorized employment. If you decide to work on the expired EAD before the new EAD arrives, then your Adjustment may be denied on that basis. So the best advice is to always file for the EAD renewal at least 90 days before it is due to expire, and not to work after your previous card expires until the new one arrives. (Extra tip: If you have filed for your new EAD, and you have waited more than 90 days, you are permitted to start working again. This is why we recommend you always file at least 90 days before it is due to expire- that way you will never have a gap in your work authorization.
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