Can You Work While Awaiting EAD

Hello, I have two questions that I'm hoping someone might be able to help with. I am an American citizen who met my wife a little less than 2 years ago. She is an Italian citizen, in the U.S. on an F-1 student visa as she works towards her graduation date in February. She also adjuncts in the CUNY system in NYC as well as a private college in New York. We were legally married on November 28, 2015 and are beginning the process of filing her paper work for a change in status.

My first question is this: She will likely be graduating on Feb 1, 2016. She has applied for a work authorization, however, we are told that it could take 90 days for that to be delivered. After she graduates, her legal ability to work technically terminates. I find it hard to believe that she has NO recourse but to stop teaching until the beginning of March because it will take almost as long to get the work authorization as the green card itself...almost makes me question what the point of the work authorization is. What recourse does she have? Is there some way she can continue to work while waiting for the work authorization? Again, we are not talking about waiting for the GREEN CARD, just the work authorization itself.

Second; and this one may be harder for anyone to answer but i'm going to try anyway: My wife holds Italian citizenship. However, she was actually born in Peru, and was adopted by Italian parents. The US government is saying they need her "birth certificate" that lists her mother and father (adopted) name along with hers. The Italian government is saying that they wouldn't have that because of when she was adopted (1978) and that in order for her to get one, she would have to appear in person, in Italy, and request it. Obviously, not something that is possible. Again, what recourse does she have? Would adoption papers work? Etc.

Thank you so much to anyone who can give us any guidance or insight on these matters!

(FYI that we ARE working with a legal team, just have a few days until our next appointment and trying to put her mind at ease!)

Your situation is far too complex for a forum. You both will best wait to speak with your attorneys.

Has she discussed OPT with the DSO at her university? Your marriage would not remove that as an option as long as she remains classified as a student. It may also be worthwhile to discuss H-1B visas with the attorney if the AOS looks like a problem in the near term. Universities are not subject to the same quotas as companies. H-1Bs are dual intent visas.

Ask the attorneys to review more than just the AOS to address the immediate problems. Don't rush into filing without a complete plan.