QUESTION

My spouse is waiting for the new EAD, the once that He got before expired? Can he work with the received from USCI that they got a new application?

Asked on Dec 14th, 2018 on Immigration - Florida
More details to this question:
My spouse was waiting for a political asylum interview, but in the process, we got married (I'm American) now his EAD expired and we applied to change this status for marriage and now we are waiting for his new EDA, can he continues working with the receive from USCIS that they receive the application? or we need to wait until he gets the new EDA to go back to work?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Whether your spouse can continue to work under a receipt for filing a new application for employment authorization depends upon whether the application was submitted prior to the expiration of his former EAD and whether the application was in the same category for which he was previously approved. Under his political asylum application, the legend on the employment authorization card was (C) (8). If the new application was timely filed under the same (C) (8) category, he would be authorized for employment while awaiting a decision by U.S.C.I.S. On the other hand, if he applied for a new EAD under the legend for adjustment of status, (C) (9), he would not be authorized for work during the pendency of the application even if timely filed. He would have to wait until U.S.C.I.S. made a decision on the application. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Jan 13th, 2019 at 10:06 AM

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