What if EAD expires before Renewal.....

A

Aakash28

Registered Users (C)
Hello,

Because of my lawyer's laziness - my EAD Renewal Filing got delayed - and now I am worried that I might not get EAD Renewed in time before my current EAD Expires - I know about the interim EAD option incase that happens. But still would like to know my other alternatives incase I do not get interim EAD - what happens in between when my current EAD expires and when I would get my Renewed EAD - Do I have to resign from my job and then rejoin them at a later date once I get my renewed EAD? Or can I continue working? I will greatly appreciate the details.

Thanks
 
I believe you can work unauthorized for up to 180 dayes and be forgiven by the USCIS. In that case, you should be fine. Try to get the interim and do the regular filing ASAP, though. There are people on this forum like "The Real Canadian" who know a great deal about the legal aspects of this. Hopefully someone like that will respond and set the record straight.
 
Aakash28 said:
Hello,

what happens in between when my current EAD expires and when I would get my Renewed EAD - Do I have to resign from my job and then rejoin them at a later date once I get my renewed EAD? Or can I continue working? I will greatly appreciate the details.

Thanks
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Yes. you would have to stop working once EAD expires. you are authorized to stay in the country with pending AOS but can't work without an EAD. If it's more than 90 days since your renewal is pending, try getting interm EAD by visiting local office.
 
My friend at work is in the exact same situation. The HR talked to lawyer and suggested that he stop working in the meanwhile..or get the interim EAD until the renewal arrives..I would therefore suggest not working in the meanwhile..just to be on the safer side
 
What if less than 90 days, can I get an interim EAD? I just filed my EAD yesterday and the old one will expire in a month. I don't think the new one will come before the old one expires.
 
hope_Nov said:
What if less than 90 days, can I get an interim EAD? I just filed my EAD yesterday and the old one will expire in a month. I don't think the new one will come before the old one expires.
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You can book an appointment through infopass but there is no guarantee you will get it. Some people have said they brought a letter from the company stating they would lose their job without it and that has worked; but they don't have to give you and interim one before 90 days.
 
bjorn said:
I believe you can work unauthorized for up to 180 dayes and be forgiven by the USCIS. In that case, you should be fine. Try to get the interim and do the regular filing ASAP, though.
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If it's an EB case, then 245k forgives up to 180 days of being out of status or illegal employment. The time is cumulative from the last entrance into the US.
 
TheRealCanadian said:
If it's an EB case, then 245k forgives up to 180 days of being out of status or illegal employment. The time is cumulative from the last entrance into the US.
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"The Real Canadian" is right. You still can work for less than 180 days after you current EAD expires. You may get your new EAD before your current EAD expires. I applied for my EAD in NSC in Nov. and received the card in Dec.
 
Thanks for your input. But what's the safest way out of this. Do not wan't to rely upon INS forgiveness - had plenty of bad experiences already. So should one just stop working - what does it entail... can one go on "Leave without Pay" or does one has to actually quit the job (with the employer who filed your GC) and then rejoin them once new EAD gets approved - but then how would you rejoin the same employer - in that case does AC21 comes into picture? My situation is that I am currently working out-of-state for my Company's client on a contract basis - I can ask the client that I will be on leave for couple of months - but what should I do about my Employer? Please clarify/suggest - it's too confusing as of right now.
 
Aakash28 said:
Thanks for your input. But what's the safest way out of this. Do not wan't to rely upon INS forgiveness -
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Yes. you shouldn't be taking chance by continuing work after EAD expires.

Aakash28 said:
So should one just stop working -
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As I mentioned earlier, YES.

Aakash28 said:
but then how would you rejoin the same employer - in that case does AC21 comes into picture?
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I don't think AC21 comes into play here. you are just not working (no pay), resume work after new EAD.
 
dyingforgc said:
I don't think AC21 comes into play here. you are just not working (no pay), resume work after new EAD.
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So does that mean that I won't have to quit my job and can go on leave without pay until I get new EAD?
 
It appears that as long as you have worked unauthorized less than 180 accumulated days since you last entered the US. you can keep working. I guess you need to track the days of unauthorized employment carefully to ensure you don't reach that magical number of 180.
 
Aakash28 said:
But what's the safest way out of this. Do not wan't to rely upon INS forgiveness - had plenty of bad experiences already.
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245k relief is non-discretionary. If you're covered by it, then USCIS is not allowed to deny your case.
 
TheRealCanadian said:
245k relief is non-discretionary. If you're covered by it, then USCIS is not allowed to deny your case.
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Is 245(K) applies for the unauthorized work after applying I-485? I remember some body mentioning it is applicable only for the period prior to I-485. Is it true?
 
tammy2 said:
Is 245(K) applies for the unauthorized work after applying I-485? I remember some body mentioning it is applicable only for the period prior to I-485. Is it true?
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245k relief falls into two categories:

1) It allows you to file an I-485 even if you are out of status for less than 180 days since your last entry to the US. Ordinarily, if you are out of status you are not allowed to file an I-485 (except if you are an immediate relative).

2) It allows you to engage in illegal employment for less than 180 days without penalty.

If you read Section 245k, it clearly permits an alien to "adjust status" not merely file for adjustment of status. Therefore, it covers all periods of time prior to the approval of the I-485.
 
H guys.

I got my ead card lost in mail but i have the approval notice. Is it still ok for me to continue to work? Note I have filed I-9 for my first card which expired.

Thanks.
 
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