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Other Employment-Based Greencard/I-140 General Issues

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  3. What happens if my NIV has expired while my employment-based green card process is still going on?

What happens if my NIV has expired while my employment-based green card process is still going on?

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Post by unknown 220 on 11 Mar 2014

What happens if my NIV has expired while my employment-based green card process is still going on?

Post by legalmatrix on 12 Mar 2014

Filing the I-140 petition does not confer any status upon you, so filing this alone will not allow you stay in the US without having NIV status.  Once you file the I-485, which you can do as soon as your priority date is current (possibly at the same time you file your I-140), you will be in a temporary status known as Adjustment of Status (AOS).  This allows you to stay in the US until you receive an adjudication on your I-485, even if your NIV has expired.  AOS does not give you work authorization, but you are allowed to file an I-765 for an EAD card with your I-485, which gives you authorization to work anywhere in the same or similar career field that was the basis for your I-140.  Keep in mind that it typically takes 1-3 months for the EAD to be approved.  If you plan on traveling between the time your NIV expires and your I-485 is approved, you can file an I-131 to get an Advance Parole (AP) document that allows you to travel while your I-485 is pending.  This AP also takes roughly 1-3 months to receive.

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