EAD expiring received renewal receipt, Can I continue with my employer??

M

manishshri

Registered Users (C)
Hi, could you guys help answer the following question?

My current EAD is expiring on March 18, 2009. I already have filed for EAD (with NSC) renewal with receipt date of 02/04/2009. What options do I have ?
1) Can I continure working on EAD renewal receipt?
2) Can I expedite the renewal process? If yes. than how? Who do I need to contact and how (phone, visit to local INS field office)?
3) What other options I have to continue with employer? Do i need to go on vacation or tle leave?


Thanks for your help!
 
manishshri said:
Hi, could you guys help answer the following question?

My current EAD is expiring on March 18, 2009. I already have filed for EAD (with NSC) renewal with receipt date of 02/04/2009. What options do I have ?
1) Can I continure working on EAD renewal receipt?
2) Can I expedite the renewal process? If yes. than how? Who do I need to contact and how (phone, visit to local INS field office)?
3) What other options I have to continue with employer? Do i need to go on vacation or tle leave?


Thanks for your help!
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1- No
2- You can not request any expedite service unless 90 days passed without approval (after 5/5/09, because this Feb was 28 days only). I can provide you with details after that date if still pending
3-No other options but to go on unpaied leave.
Good luck
 
I amd usually very careful with this stuff, it just happened b/c my freinds suggested to apply little late as I would get a renewal for longer time than just one year from the time I apply.

Yes, it was a mistake on my part. I have infopass appointment for next week. I will try and let see what happens.
This is for my wife. I am still on H1B so it should not affect me.

But is it possible to not let employer know unless it ask for any proof?
I was also looking at I-9 form it says we can pick one document for list B (unexired foreign passport) and one from list C (SSN card saying "valid for employment"). Is this true we can use the above two documents for verification?


Thanks,
MS
 
Under INA § 245 (k), periods of unauthorized employment totaling 180 days or less may be forgiven (for I-485 applicants), but the employer can still be fined or prosecuted if caught for hiring aliens illegally. A vigilant HR department will probably not let the date of previous EAD expiry go by without asking for a new EAD. If they don't, then perhaps one can get away with it but USCIS forgiveness is not something you should consider an absolute certainty.

As for your other question, there is no such thing as "SSN card saying "valid for employment"". SS cards issued to certain aliens (such as EAD holders) have a restriction that reads "Valid for employment only with DHS authorization". If you don't have that DHS authorization (i.e. an EAD), then the SS card is obviously not valid for employment!
 
jk0274 said:
If they don't, then perhaps one can get away with it but USCIS forgiveness is not something you should consider an absolute certainty.
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Actually, under 245k it is an absolute certainty. 245k forbids them from denying the adjustment on this ground.
 
Thanks for your input! So what you guy would suggest, should I let the employer know that renewal is filed and may not be approved before the current EAD expires?

Thanks,
MS
 
manishshri said:
Thanks for your input! So what you guy would suggest, should I let the employer know that renewal is filed and may not be approved before the current EAD expires?
Click to expand...

USCIS is processing EADs quicker no-a-days. My receipt date was Jan 9th and I got the Card Production email yesterday. The trend on Trackitt.com also shows a little less than 60 days for EAD renewals, at least for Nebraska Center.

So worst case, you'll have to take a couple of weeks off from work.
 
As long as you have the receipt, you can continue working. EAD simply is an extension. Earlier, USCIS used to issue an interim EAD if there was an emergency of this kind. But I think they have stopped doing that recently. Remember EAD only has an expiry date not a from to date. So even if you continued working, there would be no way of proving through your EAD that you did not have your EAD at a specific time
 
creative10 said:
As long as you have the receipt, you can continue working. This is completely wrong, receipt is not an authorization it is an application which may be granted or denied. And, if this is the situation every one can apply few days before the expiration of the EAD and can save months on every EAD

EAD simply is an extension.
Again, this is wrong, no extension for EAD and its application is a renewal or brand new and even you can apply years of the expiration of the current one if you are not using it and decided to use EAD at any time down the road
Earlier, USCIS used to issue an interim EAD if there was an emergency of this kind.
Interim EAD was not issued before for emergency and never been for that, it was issued for those with waiting for more than 90 days after application due to one reason or another there was a delay
Remember EAD only has an expiry date not a from to date.
expiration is after one or two years from the approval date and if for example the I485 is denied, the EAD will be expired from the day of denial not the expiration day written on the EAD.
So even if you continued working, there would be no way of proving through your EAD that you did not have your EAD at a specific time
If there is no way for approval as you say, the whole system suppose to be in big trouble and all of us will be in a miss. The most important thing in the whole process is to keep your pending I485 in good shape and by working with expired EAD (for accumulated peroids) for sure will put you in bad shape. There are tons of I485 denied simply because working with expired EADs
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