Question:
I have now heard two conflicting
answers to my question on what to
do with regard to an expired I-688B
(actually one that will expire soon.)
Both answers were from different
INS officers. I have an I-688B since
I entered on a K-1 Visa, was married
within the 90 days, and have subsequently
submitted my I-485 Change of Status.
When I asked the INS what I do about
my I-688B which is about to expire
I was told by the one lady that
I need to submit an I-765 Application
for Extension of Work Permit and
that the company I work for could
be 'penalized' once the work permit
expires. Since I'd already submitted
the I-485, she told me I could no
longer apply for an extension to
my work permit.
The second
lady told me that there is a 90
day window from date of expiry of
the work permit, until such time
as I would be considered illegal.
This was based on the fact that
I did submit the I-485 before the
90 day work permit had expired.
She also told me that there was
no point in applying for an Extension
of Work Permit (I-765) now, because
it takes roughly the same time as
the I-485 application, and since
that's already been in for about
1 month, the I-485 will be approved
before the I-765. (She also said
it'd be a waste of money !! ) During
this time, I should be called for
the interview, and providing there
are no problems, all will be OK.
Please could someone verify the
legality of these two conflicting
opinions.
Answer:
The lady who told you it would not
be worth your while to file for
an extension of your work card makes
sense(providing your green card
is granted!) People who file for
green cards as an Immediate Relative
are not penalized for taking "unauthorized
employment" so if u find your self
working with an expired work card
for a short time before your Green
card interview you should not be
too concerned.
Of course,
your boss might not feel comfortable
with it(I assume most bosses are
not intimately acquainted with nitty
gritty details of immigration law)
and the I688 is in a way mostly
to show him for his own piece of
mind. In that case, you might want
to apply toe extend your work card
just in case you think a misunderstanding
will jeopardize your job.
