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we have EAD receipt, is she now legal?


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we just got edith's EAD receipt notice last week, and i wonder if she is now legal to work?

 

from the discussion here it appears that our edith IS legal once we receive the EAD receipt, and until they give the final decision. BUT the discussion mentioned above was about a renewal EAD, so i don't know if it also applies to initial EAD filings (like ours)?

 

FYI, i mentioned in an earlier post that edith had an upcoming interview, it's now over and i want to report that, in spite of her nerves, it went very well... they even asked her back for a 2nd interview!!! ... :D big confidence boost for her... i'm really happy for her. :angry:

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I have been reading a lot on this topic between here and visajourney, and it appears the answer is no. This is how I understand the law, but others may have a different opinion from me.

 

My wife received her temp EAD stamp from JFK aiport, and it expired a couple weeks ago, thus, she is no longer "legal to work" even though she filed for the EAD card and received the NOA.

 

I believe the receipt notice (I767C) would allow your wife to work in US legally if she had lost her unexpired EAD card and had filed for the replacement.

Edited by john90 (see edit history)
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Ryan, there is a gap you may experience, currently Edith is on her initial 90 day EAD that comes with the K-1 visa. When that expires she will not be work authorized until she receives her EAD.

 

My guess is that it will be close as many seem to get the EAD in about 60 days. Check the receipt letter closely as it may have instructions for you to make an appointment for biometrics, which is required before they will process it the work authorization.

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