He has gotten so many inteviews, especially in banking, but cannot work because he doesn't have a work authorization card. What can he do, how does he go about getting the EAD card. Chase Bank no longer assist non-immigrant workers with EAD card.Can My husband get a work authorization card?
If he was studying on a student visa (typically F-1 classification), he can apply for OPT at least 6 months before the end of his period of study (which is defined as the last day of classes, not when he has completed exams or has undergone graduation ceremonies).
F-1 is ALSO a temporary visa classification; as such, he cannot seek employment or be legally employed except in certain specific instances regarding ';on the job'; training relevant to his area of study.
His F-1 classification expired 60 days after his last day of classes. If he is still in the country and past this date, he is here illegally.
In short - the school was incorrect in advising him to wait until after graduation regarding OPT. However, he cannot apply for (nor obtain) a work visa in any form while in the US.
If you are either a US citizen or a permanent resident, you can petition for his immigration (file I-130) as your spouse ... but you have to be able to support him (file I-864). If he is in the country, he can remain so (under your financial ';wing'; so to speak) while the petition is in process. If he is outside the country, he must remain so until the immigration petition is approved (but, since he is a spouse, he does NOT have to wait for an immigration number to become available).Can My husband get a work authorization card?
A student may be granted authorization to engage in temporary employment for optional practical training, but optional practical training must be requested prior to the completion of all course requirements for the degree or prior to the completion of the course of study.
The school was wrong.
Some other general categories of aliens that may apply for an EAD include (but are not limited to):
J-2 spouse or minor child of an exchange visitor.
Adjustment Applicants. After or at the time an alien files for adjustment of status (I-485), the alien applicant may file an EAD application.
M-1 students seeking practical training after completing their studies.
K-1 Nonimmigrant Fiance(e) of a US Citizen or a K-2 Dependent. Applicants can file an EAD application within 90 days from the date of entry.
Family Unity Program beneficiaries. If aliens have been granted status under this program, they may file an EAD application with a copy of the approval letter.
L-2 visa holders
Asylees (granted asylum)
Asylum applicants (with a pending asylum application) who filed for asylum on or after January 4, 1995.
Refugees and those paroled as a Refugee.
Your husband doesn't sound like he qualifies for any of these categories, based on what you have said so far. Are you a U.S. citizen or as a lawful permanent resident? If so, you able to petition for him to become a permanent resident.
Go back to your country of origin and reapply.
If you are a Citizen you can petition for him. But if you have just a legal permanent residence that'll be a bit more difficult but youcan still petition for him.
However whatever your status, he will most likely be unable to work until he gets a work permit.
You can also go to the US Immigration website to get better information and to find out which forms he will need to fill out to enable you both start the necessary petitioning.
He may need to fill out forms for ';Adjustment of Status'; as well as forms requesting for a ';Work Permit';
r u an illegal immigrant. if you are then you can't and need to go home.
What is you status? If you are a citizen or resident, he can apply for an EAD when you file a petition for him.
No comments:
Post a Comment