I have a valid EAD from June 2007 to June 2008, and I am using it to work in a company. I am going to renew my EAD now. My question is: If my new EAD gets approved after June 2008, say July 2008, can I work, a.k.a get paid, during the gap? Or it is like the H-1 visa renewal, as long as I filed the application and get the receipt, I can work based on the old one? I would appreciate your input on this matter. Thank you
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Can I work during EAD renewal gap?
- Thread starter alaer
- Start date
No problem. You can work as long as you have filed your EAD renewal on time, ergo before the old one expired!
Absolutely not!! This is erroneous information.
If you don't receive your new EAD before your old one expires, you CANNOT work and must stop until you get the new one.
However, if you filed your EAD well in advance (i.e. 90 days or more before your current one expires) and you have not gotten your new one, you can take your receipt notice to a USCIS office and ask for a temporary EAD (called interim EAD). But this can only happen if 90 days have passed since the date on your receipt notice. If you file now, and since June is more than 90 days away, you will have that safety net.
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Absolutely YES. I read everywhere in this forum that WRONG info that if you don't have your EAD card you are in trouble!!!IT IS NOT TRUE!!!!!!!!and because I know now everyone will start explaining to me that I'm wrong, please show me a legal statute where the prohibition is stated and I gladly wil apologize!!!!!!!!!!!!!
http://www.dol.gov/esa/regs/statutes/whd/0006.iana.htm
http://forum.freeadvice.com/showthread.php?t=195657 (Response from a lawyer).
This forum is not a contest. The information you gave was incorrect. The EAD means exactly what it says: Employment Authorization for the dates shown on the card. If it's expired, and you don't have a new one, you are working illegally. Whether USCIS forgives you or not is a different story, but it is under no obligation to since it is you who broke the law by continuing to work.
http://forum.freeadvice.com/showthread.php?t=195657 (Response from a lawyer).
This forum is not a contest. The information you gave was incorrect. The EAD means exactly what it says: Employment Authorization for the dates shown on the card. If it's expired, and you don't have a new one, you are working illegally. Whether USCIS forgives you or not is a different story, but it is under no obligation to since it is you who broke the law by continuing to work.
Thank all of you for your reply. As far as I know, there is NO interim EAD for EAD applicants after 90 days anymore. I will submit my renew application soon, and hopefully can get it in time so that I do not need to worry about those confusing problem. sigh
Absolutely not!! This is erroneous information.
If you don't receive your new EAD before your old one expires, you CANNOT work and must stop until you get the new one.
However, if you filed your EAD well in advance (i.e. 90 days or more before your current one expires) and you have not gotten your new one, you can take your receipt notice to a USCIS office and ask for a temporary EAD (called interim EAD). But this can only happen if 90 days have passed since the date on your receipt notice. If you file now, and since June is more than 90 days away, you will have that safety net.