Help needed from Imm Portal GURUS( Triple Citizen,Realcanadian, praetorianX, LucyMO

[dakazn]

I went to DO to talk about my EAD status. The IO told me the local offices are not dealing with the I765 and they are also not issuing interim EAD document. He just provided me just very general information that I will get my card in 2 weeks based on my RD. My H1 B is expiring on end of Feb and my employer told me not to come to work till I 'll get my original EAD card (even approval notice is also not sufficient.
I was trying to call USCIS and asking the Cust Rep to transfer me to IO in NBC but they are not doing that, and just reading the online information thats all. when I requested to put my SR for I765 they said 16 more days to wait for that.
One additional thing the Cust Rep told me 90 days are only working days, So i have to take out the weekends and holidays to make the exact calculation (very interesting information, every time they will give you new criteria)
Any suggestion how to contact and talk.
Its hard to drive again and again to DO as it is 3 hrs driving and also not useful.

[MoeCurly]

Direct your energy towards your employer and explain clearly that you are in a process to get your papers.

Secondly provide your employer with the evidence that you are in the process.

If you employer says no, it is clear he is discriminating against you.

[dakazn]

Originally Posted by MoeCurly

Direct your energy towards your employer and explain clearly that you are in a process to get your papers.

Secondly provide your employer with the evidence that you are in the process.

If you employer says no, it is clear he is discriminating against you.

Employer has shown me clear instruction from I-9 form that they are unable to keep me working but can send me on vacation till I'll get my EAD card. They are limited by law and I think there is no point of discrimination.

[austriacus]

This might be an interesting read for you.

We at the [...] Law Firm have received reports that individuals were told the new USCIS policy is to start counting the 90 days from the date of fingerprinting, not the date of EAD filing. A variation on this is that the claimed policy in some local USCIS offices is apparently 90 business days from the fingerprinting. No statutory or legal authority exists for these alleged policy changes.

But since you solicited advice only from specific members of the community, I better let them comment.

[dakazn]

Originally Posted by austriacus

This might be an interesting read for you.

We at the [...] Law Firm have received reports that individuals were told the new USCIS policy is to start counting the 90 days from the date of fingerprinting, not the date of EAD filing. A variation on this is that the claimed policy in some local USCIS offices is apparently 90 business days from the fingerprinting. No statutory or legal authority exists for these alleged policy changes.

But since you solicited advice only from specific members of the community, I better let them comment.

Hi Austriacus
thanks for the information
I was limited for space in title........you are also Guru for me

[austriacus]

Thanks dakazn, and I hope you're willing to accept advice from anyone who can give you credible, verifyable information! (And you may get more responses that way!)

I hope your employment situation is resolved soon. I agree you should not work inbetween the time that your H-1B expires and when you receive EAD because indeed you're not authorized to work for that period, even if the employer wouldn't care (it's good yours does). So, your employer is ok with the situation that you can't work for some time? Are you just concerned about your loss of salary for the interim period?

[dakazn]

Originally Posted by austriacus

Thanks dakazn, and I hope you're willing to accept advice from anyone who can give you credible, verifyable information! (And you may get more responses that way!)

I hope your employment situation is resolved soon. I agree you should not work inbetween the time that your H-1B expires and when you receive EAD because indeed you're not authorized to work for that period, even if the employer wouldn't care (it's good yours does). So, your employer is ok with the situation that you can't work for some time? Are you just concerned about your loss of salary for the interim period?

Thanks for advice....it was just part of frustration on my side
We are having our first baby in march...so you can understand, how important this EAD is for me to keep my benefits.
I do have the good understanding with my employer. I know this will be illegal to work without EAD and same my employer is also very straight on this issue. This is not only violation of law for my work place but also can jeopardize my AOS. So I'll be on my paid leave for time being and then on unpaid till I'll get EAD. I am more concerned for benefits mainly of medical as baby is on way

[TheRealCanadian]

Originally Posted by dakazn

This is not only violation of law for my work place but also can jeopardize my AOS.

Actually, the INA explicitly states that unauthorized employment cannot cause your I-485 to be denied. So your AOS is in no jeopardy.

So I'll be on my paid leave for time being and then on unpaid till I'll get EAD. I am more concerned for benefits mainly of medical as baby is on way

There's nothing preventing your company from paying you or continuing your benefits/salary between your H1 expiration and your EAD being approved. You simply cannot work.

[dakazn]

Originally Posted by TheRealCanadian

Actually, the INA explicitly states that unauthorized employment cannot cause your I-485 to be denied. So your AOS is in no jeopardy.



There's nothing preventing your company from paying you or continuing your benefits/salary between your H1 expiration and your EAD being approved. You simply cannot work.

You are right . But the baby is due in March end and i would prefer to take time off at that time. thats why getting little frustrated

[VivaLasVegas]

you can do that too. Tell your employer that you want to go on unpaid leave till March & paid leave after that.

[Triple Citizen]

Stop working after 2/29 but ask your compassionate employer to keep providing you your company benefits. Hopefully it will all work out. Good luck!!!

Originally Posted by dakazn

You are right . But the baby is due in March end and i would prefer to take time off at that time. thats why getting little frustrated

[dakazn]

Originally Posted by VivaLasVegas

you can do that too. Tell your employer that you want to go on unpaid leave till March & paid leave after that.

Thanks

[dakazn]

Originally Posted by Triple Citizen

Stop working after 2/29 but ask your compassionate employer to keep providing you your company benefits. Hopefully it will all work out. Good luck!!!

I'll do that, till I'll get my physical evidence for EAD
Thanks

[dakazn]

Hi every body
My EAD card and AP is ordered and mailed yesterday. I got email from CRIS yesterday late night and today for my service request (I put yesterday)
There is a chance I need to take couple of days off, till I'll get my physical card.
Thanks for you help and making me understand legality related to employment issues

[Triple Citizen]

Congrats. It might even get to you before the first working day in March, so no need to take time off, unless you really want to

Originally Posted by dakazn

My EAD card and AP is ordered and mailed yesterday.

[austriacus]

Isn't March 1 supposed to be off anyway ... Labor Day! In most countries of the world (except for the US of course). Congrats on your EAD!

[EDIT: Sorry, is supposed to be May 1 of course. Doh!]

[dakazn]

Originally Posted by Triple Citizen

Congrats. It might even get to you before the first working day in March, so no need to take time off, unless you really want to

I also have same idea about time. Good thing is card is produced /mailed. But before this information, I was worried if they RFE, this might put my EAD couple of weeks/months in wait line. As there is no time limit in USCIS WORLD

Its good for me take couple of days off to furnish the nursery for new comer

[dakazn]

Originally Posted by austriacus

Isn't March 1 supposed to be off anyway ... Labor Day! In most countries of the world (except for the US of course). Congrats on your EAD!

Thanks...let see when it drops at my place

[TheRealCanadian]

Originally Posted by austriacus

Isn't March 1 supposed to be off anyway ... Labor Day! In most countries of the world (except for the US of course).

No, you're thinking of May Day.

[austriacus]

Originally Posted by TheRealCanadian

No, you're thinking of May Day.

Oh yeah ... Doh!

Guess I've lived in the US for too long. Thanks for correcting me!

[utopia76]

Just F.Y.I.
The fact that you are on (Paid or UnPaid) leave, does NOT automatically take you off the company(employer) benefits.

While on Paid Leave, you are absolutely OK in claiming the (medical, etc) benefits.
While on Un-Paid leave, usually you have about 1-2 months or so, before your benefits get cancelled.

Don't quite have a "link" to send to you guys, but am speaking from personal experience.

[TheRealCanadian]

Originally Posted by utopia76

Don't quite have a "link" to send to you guys, but am speaking from personal experience.

There won't be a link - it depends on each company's policies.