My husband is under an F1 visa and we filed for adjustment of status.His current EAD card category is C03B but we filed

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Customer: Hi my husband is under an F1 visa and we filed for adjustment of status.His current EAD card category is C03B but we filed for an extension under category c9, we received a 797c receipt saying he can work 180 extension however the categories does not match his EAD card that is expiring. What can we do to ensure he can continue to work?
JA: What steps have you taken? Have you filed any paperwork with the U.S. government?
Customer: yes
JA: Have you talked to a lawyer about the F-1 visa?
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: He has an appointment with immigration December 6 for the determination of him receiving his green card. Is it a long wait time after the interview until the green card is received?
Answered by Guillermo Senmartin in 23 mins 1 year ago
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Guillermo Senmartin
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Guillermo Senmartin, Expert

Hello! My name is***** and I am a licensed attorney with more than 19 years of experience. I am here to assist you with your questions. If I do not respond quickly, I promise I will reply as soon as I can. It may take a little time to research and write your answer, I could be helping other customers, or I could be attending to personal clients as I have my law practice.

Remember, if I do not respond quickly, I am NOT ignoring you. I am here. I may just be busy. If you like, please respond that you understand. Thank you for your patience.

Customer
Understood, Thank you!
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Guillermo Senmartin, Expert

Sorry for the delay. He continues to maintain his F-1 status and OPT? And you are a U.S. Citizen? Does he want to change jobs to something not related to his field of study?

Customer
he maintains both the F1 and OPT. We applied for marriage based adjustment of status from his F1 visa to green card.I am a us citizen.And he is currently working but wants to pick up a part time job in his field which is culinary. His current EAD card expires November 14th.
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Guillermo Senmartin, Expert

Well, if it is within his field of study, he can pick up a job with 20+ hours a week using his EAD from the OPT. He does not have to wait for the EAD through you. What else may I answer for you?

Customer
We were told that because the category on his EAD card, (C03b which will expire soon) does not match the Category on the 797c, (which is C09 and lists the extension to the EAD) He would not be able to work after the expiration of his current EAD card. Since the categories do not match.Is that true?Would this effect his eligibility to continue working his current full time job?I’m trying to word this the best way I can so I can have full understanding if we filed the paperwork the correct way in order for him to remain employed.Also, since the 485 interview is set for December 6th. Do you know approximately how long people typically have to wait before receiving the green card?
Customer
It is to my understanding that the category C03b is not eligible for an extension, however he was approved for an extension under category C09. Should we have applied for a new EAD card instead of the extension?
Customer
Please let me know if I am making sense. I am trying to get full understanding.
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Guillermo Senmartin, Expert

Who told you that? Did they also tell you that USCIS does not normally deny a green card to someone applying for it through marriage to a U.S. Citizen only for having worked illegally, meaning that he won't get in trouble for it?

Customer
The HR representative at the place he wanted to work part time informed me of that. She stated she spoke with the companies immigration lawyer and that’s what they informed her to be right and legal for I9 purposes.That is why I became confused because of exactly what you are telling is what I had a somewhat understanding of. I just wanted to make sure I did not make a mistake in his filing category for EAD purposes.
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Guillermo Senmartin, Expert

When does the EAD through the OPT expire?

Customer
November 14, 2021
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Guillermo Senmartin, Expert

Well, from 11/15/2021, technically, he has to stop working until the EAD through (c)(9) is approved because they automatic extension through (c)(9) does not apply to the OPT EAD. But if he can convince the employer to accept the low risk that the company could be fined between $250 and $2000 for letting him continue to work, then he is not going to get in trouble for working illegally as I have already explained.

What else would you like to know?

Customer
would this justify eligibility for him to continue working or he would need a physical EAD card with the category C09?
Customer
Also when we filed should I have selected Initial permission to accept employment instead?I just want to see where I went wrong in the process.
Customer
Thank you for helping me so far! I truly appreciate it!
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Guillermo Senmartin, Expert

If that second image was for the (c)(9) EAD, his first EAD through (c)(9), yes, that will be denied because you had to mark the first box, not the last box. So file it again correctly and with a copy of the I-797C receipt that you got from the I-485.

And you are very welcome. Thank you for being a valued customer. My goal is to provide you with excellent service – but that does NOT mean we finished if you need to continue. If you feel you have received anything less than quality service or have additional questions, please reply. I am happy to address 1 or 2 follow-up questions for you. There is no additional charge for that. For any different cases in the future, please post a NEW session and remember to use FOR GUILLERMO in the message box so that no one else grabs the question. That way, I can become your exclusive immigration consultant. Also, I am not currently taking active cases for representation, but I am accepting certain cases for review. If that interests you, please let me know and we can upgrade to a quick phone call for just a few dollars to discuss pricing.

Customer
Okay thank you so much. My last question. Since the 485 interview is in a month. Is it necessary to refile the documentation since he may possibly get the green card soon anyways?
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Guillermo Senmartin, Expert

Well, you are assuming he will be approved. But yes, if he is approved, it wouldn't matter. If he is denied, a pending I-765 would be denied anyway. So if his I-485 interview is coming up, probably no need to file a new I-765. Good luck!

Customer
Thank you once again!
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Guillermo Senmartin, Expert

My pleasure.

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