U.S. Work Permission for Spouses of L-1 and E Workers
U.S. Work Permission for Spouses of L-1 and E Workers
U.S. Work Permission for Spouses of L-1 and E Workers
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Are there any other implications <strong>of</strong> an RFE?<br />
Yes. If the USCIS issues an RFE, it will “stop the clock” on the accrual <strong>of</strong> the 90 days. That<br />
processing “clock” will not start ticking again until the USCIS has received the response to the<br />
RFE. This is significant, since the issuance <strong>of</strong> an RFE <strong>and</strong> a delayed response to an RFE can<br />
create a delay in the accrual <strong>of</strong> the 90 days that are required be<strong>for</strong>e an InfoPass appointment may<br />
be granted.<br />
My spouse already has an EAD card <strong>and</strong> needs to apply <strong>for</strong> an extension.<br />
When should my spouse file the extension?<br />
Your spouse should file the application <strong>for</strong> extension 120 days- - or 4 months- - prior to the<br />
expiration date on the EAD card. This is extremely important <strong>for</strong> two reasons:<br />
(1) Once the EAD card has expired, your spouse will no longer have permission to work.<br />
This means that his or her current employer will have to either terminate your spouse’s<br />
employment or, at the very least, take him or her “<strong>of</strong>f payroll” <strong>and</strong> temporarily cease any<br />
payments until the new EAD card is issued. For both economic <strong>and</strong> career development<br />
reasons, this could prove disruptive <strong>for</strong> your spouse <strong>and</strong> your family.<br />
(2) If your spouse files <strong>for</strong> an extension at the 120-day mark <strong>and</strong> the case is returned under<br />
an RFE, your spouse may still have the ability to respond quickly <strong>and</strong> still accrue 90 days<br />
<strong>of</strong> processing time in order to be eligible <strong>for</strong> an InfoPass appointment - - thus obtaining<br />
an approval <strong>of</strong> the new EAD card prior to the expiration <strong>of</strong> the current EAD card.<br />
Can my spouse apply <strong>for</strong> an extension earlier than the 4-month window?<br />
No. Please note that any applications that are received prior to 120 days be<strong>for</strong>e the expiration<br />
date will be returned as prematurely filed.<br />
Is there any way to expedite the processing <strong>of</strong> the Form I-765, such as through the filing <strong>of</strong><br />
an additional “Premium Processing” fee?<br />
Un<strong>for</strong>tunately, as <strong>of</strong> this writing there is no way to pay an additional fee in order to ensure<br />
expedited processing. The best <strong>and</strong> most reliable approach is to file a full 4 months in advance<br />
<strong>of</strong> the expiration date. While it is possible to request an expedite, the USCIS only grants such<br />
requests on a discretionary basis <strong>and</strong> only in very rare circumstances.<br />
Is my spouse permitted to work in the U.S. with a receipt showing that the Form I-765 is<br />
pending <strong>and</strong> being processed?<br />
No. Your spouse will need to present the actual, original EAD card in order to accept or<br />
continue employment. In fact, your spouse’s employer could incur liability if your spouse is<br />
permitted to continue to work after the EAD card has expired <strong>and</strong> be<strong>for</strong>e a new one is issued.<br />
My spouse already has an EAD card. Should I report that in<strong>for</strong>mation to anybody?<br />
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