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-   Immigration Law (https://www.askmehelpdesk.com/forumdisplay.php?f=167)
-   -   Precarious immigration status (https://www.askmehelpdesk.com/showthread.php?t=795936)

  • Jul 4, 2014, 01:52 PM
    mobilehotspot00
    Precarious immigration status
    I came out here on an F1 visa in 2012,I was supposed to graduate on May 16th,2014 which was same day my i20 and visa expired but I got an extension of program and will be graduating on August 12 2014, which is same day my new i20 expires.
    I got married to my sweet heart, an American citizen in February and we both filed for my green card on the 22nd of April 2014. I sent for my biometrics on May 30th after receiving the receipts from uscis
    The problem now is that I got an RFE letter sent from uscis few days before my biometrics to provide more evident of birthday which I mailed to them and they confirmed receiving the required document on June 11th.the response from uscis says that I should get a response from them in 60 days from June 11th.
    I got a job offer which I have accepted and which I'm going to start on September 9th,2014 but I still haven't received my work authorization document from uscis.
    Please what do u advise?
    I'm an engineer.
    Thanks
  • Jul 4, 2014, 01:54 PM
    mobilehotspot00
    Sorry for the typo,I meant I went for my biometric... not sent
  • Jul 4, 2014, 03:56 PM
    newacct
    Your immigration status is not precarious. You have a pending Adjustment of Status, which means you can stay in the U.S. as long as it's pending. You responded to the RFE and it seems like everything should be fine.

    The processing time for EAD is 90 days, so if you applied for it at the same time as your Adjustment of Status, you should get it some time this month.
  • Jul 4, 2014, 04:11 PM
    mobilehotspot00
    Thank you very much newacct,I really do appreciate it.I got one more question, does the EAD make me legal and can I go get my drivers license renewed with the EAD because I only have the paper type note, they didn't send me the card again?I called uscis and they were saying something like it's going to be a combo card.thanks
  • Jul 4, 2014, 04:20 PM
    newacct
    Quote:

    Originally Posted by mobilehotspot00 View Post
    Thank you very much newacct,I really do appreciate it.I got one more question, does the EAD make me legal and can I go get my drivers license renewed with the EAD because I only have the paper type note, they didn't send me the card again?I called uscis and they were saying something like it's going to be a combo card.thanks

    You are currently "legal", but may or may not be able to get a driver's license. The requirements for getting a driver's license vary by state. You can get a driver's license with your F1 status, but your I-20 is expiring in two months, and most states won't give you a driver's license for that short a time. You can also get a driver's license when you get your EAD. But before you get your EAD, you might not be able to get a driver's license, unless your state accepts I-485 receipt to get a driver's license, or you are in one of the states that give driver's licenses without legal presence document.
  • Jul 4, 2014, 04:42 PM
    mobilehotspot00
    How can I tell if my state does, I'm in California
  • Jul 4, 2014, 08:19 PM
    newacct
    Quote:

    Originally Posted by mobilehotspot00 View Post
    How can I tell if my state does, I'm in California

    In California you will have to wait until you get your EAD (or green card, but you are probably going to get the EAD first) before you can get a driver's license.

    Starting in January 1, 2015, in California you can get driving licenses without legal presence document, but I guess that won't help you.
  • Jul 5, 2014, 07:54 AM
    mobilehotspot00
    Thanks@ newacct.you are awesome
  • Jul 12, 2014, 09:39 AM
    mobilehotspot00
    Thank you once again. Newacct... pls I got an update from uscis yesterday.so they mailed me the receipts confirming approval and production of the combo card, so my status changed from initial review to card production for both my i765 and i131 but I didn't get no update for my i485.
    Please do you you know how long it might take before they send me an invitation for interview after receiving my ead? They said I should get my dad in a 30 days from yesterday.
    Thanks

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