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Before I get my work permit it is legal or illegal to send resume for job search?

Minneapolis, MN |

My Details,
I applied I-485 and I-765 two months ago and we (My wife and I) have interview 3 weeks later. Currently my status is F1 Student. I married to US citizen in USA

My Question:
Before I get my work permit it is legal or illegal to send resume for job search? I have no intention to start work before I get work permit.

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Attorney answers 6

Best Answer

Wait a little more an you will get you permit.


legal. Work - illegal.


You can apply for jobs. However most employers will hire only if you are authorized to work and have relevant document towards I-9 verification.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


You can send resumes all you want. it is not a problem. You will not be able to accept employment until you get your EAD.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


There is no legal constraint on applying for a position before you authorized to work. However, just make sure you do not represent that you are a lawfully admitted permanent resident or citizen of the United States. Some online applications may not let you apply unless you confirm you are eligible to work on the date of the application. You will have to pass on these employers for now.

The law may vary from state to state and is subject to change without notice so that some information may not be correct for your situation. You should consult with an attorney and not rely on any information contained herein regarding a specific situation. Please be advised that the act of responding to your question does not alone create an attorney-client relationship. A separate agreement that Wilson Law Group will furnish legal services to you must be entered into before an attorney-client relationship is established. Deadlines are extremely important in most legal matters. If you have any questions regarding this disclaimer, you may contact Wilson Law Group at 3019 Minnehaha Ave. Suite 200, Minneapolis, MN 55406 or via telephone at 612-436-7100.


If your I-485 and I-765 have been pending for more than 90 days, you can actually request a temporary passport stamp showing your employment authorization; that will hold you over until the card arrives. You may need an attorney to help you with that as most immigration officers do not like to issue those stamps, but you are eligible for that once your applications have been pending long enough. You will likely have your work permit by then if you submitted all necessary documents with your initial application, but if you do not, you might want to pursue that option if you are anxious to get to work. There is nothing in the law that prevents you from applying for jobs before you have work authorization but if you are hired, you will be asked to present proof of employment authorization shortly after your interview.

Information provided is intended to answer only the basic question posed. It cannot and should not be construed as legal advice on a specific case and does not create an attorney-client relationship. Please consult an immigration attorney for case specific information.



Thank you for your nice feedback