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  1. #1
    Join Date
    Dec 2006
    Posts
    4

    Default Can My Spouse Work Legally

    My husband and I were married one week before his F1 expired. Can he legally work -- and if so, does he need to have a particular work visa? We filed the mountain of paperwork for the adjustment to status, green card, etc. but while we're waiting for that to go through, can he legally work? Please advise!

    Thanks very much (we're in California, btw).

    Heather

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Can He Work Legally?

    From what you say he has no status and no work authorization. He should be able to apply for employment authorization.

  3. #3
    Join Date
    Dec 2006
    Posts
    4

    Default Re: Can He Work Legally?

    We've already applied for that. Is there anything we can do to enable him to work legally while we wait for that? It's been three months, and from what we hear, could be as long as 6 months more.

  4. #4
    Join Date
    Oct 2007
    Location
    East Coast
    Posts
    14

    Default Re: Can My Spouse Work Legally

    As far as I know there is nothing. He is out of status until the adjustment of status and EAD is approved. I know an EAD is typically approved before the actuall green card application, but since he does not have an actual status if he can technically work legally on an expired visa even if he has a pending I-130/I-485. That is definetly a question to ask an attorney in a consultation.

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