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Immigration Issues/OPT expiration while waiting for new EAD

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Question
Hello, and thank you for helping me with this question. I am an American citizen who was just married to a Chilean national. He was here on an F1 visa and is now completing his OPT, which will expire in May. We are waiting for his new EAD, which will probably take a few months. He has been with his employer for a year and plans to stay there, but will he be able to work there legally after the OPT expires until his new EAD comes through? If not, will the employer be penalized for continuting his employment knowing that he will receive the new EAD because of his marriage to me?

Answer
Technically he is not legal to work form the time his OPT ends until he is approved for his EAD through you and the employer is supposed to give him a break for this time period. The reality is that your husband would never get in trouble because he is married to a citizen, but the employer is nto following the laws surrounding the I-9 form if he does not lay him off from the end of OPT until your husband provides him with the I-797 approval of his EAD or his EAD.

Regards,

Robert

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