Green card application not accepted? You can still work in the US

Green card application not accepted? You can still work in the US

Immigrants in the United States whose green card applicationis still pending can still work while procedure is going on. To do so, the person needs to file Form 1765, which is an application for employment authorization with the United States Citizenship and Immigration Services or USCIS. Following this, he/she will receive an Employment Authorization Document, or EAD, which is also known as a work permit. The necessary document that needs to be supplied with this application is a copy of the Arrival Departure Card, i.e., the person's I-94. It usually takes 90 days to get the EAD from the USCIS. And once you have received your EAD, you can continue working in the US even if your green card application is under process.

However, in case you don't receive the EAD within 90 days of filing Form 1765, there is also an option of applying for an interim employment authorization on the form, the validity for which is going to be 240 days. But in case you have also applied for the interim employment authorization and 240 days have passed without any news on the EAD, the individual needs to stop working, since the interim employment authorization is a one-time application, and can't be renewed. However, one can always file a fresh application on Form 1765. And then the whole 90-day waiting continues, following which one can again apply for an interim work authorization card.

Further, there is no fee for filing Form 1765 if it is done so simultaneously with Form I-485, which is the application for adjustment of status. Further, the status of Form 1765 can be checked any time on the internet. Form 1765 can also be used for renewal and replacement of EAD and interim EAD.

So as you can see, there is plenty of scope for continuing work even if your green card application is under process.

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