2ND EAD Blues!! What are consequences!!!

librau

Registered Users (C)
Hi Gurus,

I-485 filed for me & Family on Jan 2007. PD Aug 2000. 1st EAD expires by 03/31/2008. Applied for 2nd EAD 5 months back at NSC and out of processing times of NSC.

Called NSC a dozen times and they say they can not do any thing as it is sitting with Officer..

Questions:

1) When USCIS issues EAD, would they issue from the NEXT day of expiry date of the previuos EAD, though they may mail it say 2 months later?

Example: My EAD1 expires 03/31/2008. So will EAD2 start from 04/01/2008, though USCIS process EAD2, say, in June 2008, and mailed it on 06/10/2008

2) If answer to Question 1 is Yes. Then can one keep working on EAD1 beyond its expiry date 03/31? Will this effect in any way in the processing of I-485 or comes under some illegal employment that would hold Green Card?

3) I can not stay with a gap in employment and delayed aproval of EAD2 is bothering me a lot!! Any suggestions to avoid this is highly appreciated
 
Usually, the second EAD comes as continuation to the 1st one. So, you should be fine. I was told that if you are waiting more than 90 days, take infopass and get an interim EAD. If all fail, YOU CAN NOT WORK until you have a valid EAD. You can take vacation for the no pay period and there won't be break in service.

Hi Gurus,

I-485 filed for me & Family on Jan 2007. PD Aug 2000. 1st EAD expires by 03/31/2008. Applied for 2nd EAD 5 months back at NSC and out of processing times of NSC.

Called NSC a dozen times and they say they can not do any thing as it is sitting with Officer..

Questions:

1) When USCIS issues EAD, would they issue from the NEXT day of expiry date of the previuos EAD, though they may mail it say 2 months later?

Example: My EAD1 expires 03/31/2008. So will EAD2 start from 04/01/2008, though USCIS process EAD2, say, in June 2008, and mailed it on 06/10/2008

2) If answer to Question 1 is Yes. Then can one keep working on EAD1 beyond its expiry date 03/31? Will this effect in any way in the processing of I-485 or comes under some illegal employment that would hold Green Card?

3) I can not stay with a gap in employment and delayed aproval of EAD2 is bothering me a lot!! Any suggestions to avoid this is highly appreciated
 
My Situation Is Similar

I Efiled For My 2nd Ead On 1/4/2008.my First Ead Expires On 3/08/2008 That Is Today.took An Infopass At San Jose Local Office,was Told To Continue Working As I Had An Application Pending,can I Do That?approx How Long Does It Take For Ead Renewal When Efiled?finished My Biometrics On 02/22/2008
 
Usually, the second EAD comes as continuation to the 1st one. So, you should be fine. I was told that if you are waiting more than 90 days, take infopass and get an interim EAD. If all fail, YOU CAN NOT WORK until you have a valid EAD. You can take vacation for the no pay period and there won't be break in service.


Thanks for your quick reply.

If the 2nd EAD comes as a continuation, what is wrong in continuing the job, even EAD2 is not in your hand, as you are sure EAD2 comes with back dated, no matter when it arrives.

I understand that there are no interim EADs and if any has this experience please share your experience.

Gurus .. Any further advises please
 
My experience:

- IF EAD is late, you CANNOT work. I had to take 2 months unpaid leave in early 2007 because of that. The employer requires a valid EAD for the I-9 document (not 100% sure if the document name.

- If you appled early and got issued one early, it will be dated from the day after the first one expires. I also that happened to me.

I heared many other interpretations but I am listing my personal experience.
 
Thanks basselal for sharing your experience.

When you received 2 nd EAD late, did you get it the dates in continuation of your earlier EAD?

If EAD2 covers right from your eralier EAD expiry date, and employer do not bother for much for I-9, what other ILL effects on Green Card processing / illigal employment???

Usually, the second EAD comes as continuation to the 1st one. So, you should be fine. I was told that if you are waiting more than 90 days, take infopass and get an interim EAD. If all fail, YOU CAN NOT WORK until you have a valid EAD. You can take vacation for the no pay period and there won't be break in service.

My experience:

- IF EAD is late, you CANNOT work. I had to take 2 months unpaid leave in early 2007 because of that. The employer requires a valid EAD for the I-9 document (not 100% sure if the document name.

- If you appled early and got issued one early, it will be dated from the day after the first one expires. I also that happened to me.

I heared many other interpretations but I am listing my personal experience.
 
No, my second (actually 3ed) EAD which came in late was not a direct continuation of the previous one. It had the starting date of which it was issued.

I've been told (and I"m sure there are different opnions on this and I'm not sure what is the right thing) that if this thing comes up later in the GC or naturalization process it could be bad. But I have no way of confirming that.
 
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