Legal Question in Immigration Law in California

It depends on a few things:

1. If you're the spouse of a U.S. citizen or a parent of at least a 21 year old citizen (these two categories of people are immediate relatives), then you don't need employment authorization to continue waiting for adjustment of status to permanent residence.

2. If you are an applicant for adjustment of status in any other category you will need employment authorization, with two exceptions: a. you have fewer than 180 days of unauthorized employment since your last entry or b. you qualify under section 245i.

3. If you are visa processing abroad, then you should be be in legal working status for all statuses except there is some leeway for immediate relatives and some employment based cases, but this assumes you don't have any admissibility issues. There is an element of discretion if visa processing, so if you worked without authorization, while a visa could be issued to you, it might not be.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, phone at 818 609 1953 or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

A ?Super Lawyer? 2004 ? 2009, Los Angeles Magazine

Of course, your employer is exposed to employer sanctions and other possible liability if you work without authorization

Simply put, you cannot work in USA while waiting for your Green Card UNLESS you have a work permit (EAD), or are in some other non-immigratnt status/visa which authorizes your employment (e.g. H1B).

If you are in USA and already submitted I-485, you could have submitted Application for a work permit I-765 as well.

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