485, EAD issues, please help!

T

T T

Registered Users (C)
I have found this board been very helpful, but my lawyer is just not.
My first EAD expired at 11/23/00.
ND of my EAD renewal application is 9/29/00. I got RFE on 12/4/00 with photo problem. Sent in photos, and the EAD application was approved on 1/8/01 according to AVM. Today I received my new EAD card, and found that it states Valid from 01/08/01 to 01/07/02. More ridiculously, the signature (showing my name) printed on the card is not my real signature! Really have no idea what happened. My questions:
1. It seems INS approved a new EAD instead an EAD renewal. I\'ll check with my lawyer with the approval notice tomorrow, but I am afraid that it states the same valid term. I rechecked my EAD renewal application. It does have the renewal box checked.
2. Should I talk to IIO to correct the card or even approval problem? What if they can\'t make change, and find out that I was working during the 11/24/00 to 01/07/01 period (my lawyer assured me that I can work).
3. Would this in anyway affect my legal status and I485 application? This is what I mostly concerned.
4. If I don\'t do anything, would there be any problem if I am required to have an interview with my I485 application and INS finds out the problems with my EADs. Do I have to return the job payment to my employer for the period of 11/24/00 to 01/07/01?
Your help is greatly appreciated!
 
No Title

Just talked my lawyer regarding the EAD card issues.
He told me that is how the INS works with EAD application. The valid date always starts from the date when EAD is approved, even the application is for an EAD renewal. When I asked him if there is any matter with the gap ( my last EAD expired on 11/23/00, new EAD starts on 1/8/01). He said no, and he told me that in AOS I am able to work in 6 months even I don\'t have EAD and valid H1B.
I am very confused. Can anybody with knowledge or similar experience give some inputs whether my lawyer said is true, or whether I should call INS to find it out? Your help is greatly appreciated.
 
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I just got my renewal EAD card today. My first card was expired 12/29, the new card is started 12/30/00.
 Was your old card expired before your new card be approved? Maybe this is the problem. Just guess.
 
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Hi Jason,

My EAD renew was approved on 12/18/00, I haven\'t received the card yet. My current EAD will be expired on 2/10/01. Would you please post the approval date?

Thanks!

Sara.
 
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What your lawyer says is not correct. He is just trying escape from his screw-up. The EAD validation does not start from the approval date for renewals. I did a renewal and mine was approved couple of days after the expiry. But the validation started next day after the expiry of previous EAD. And ofcourse, as long as you have valid H1, you can work even MORE THAN 6 months without EAD.
 
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Thank you KiranHegde2 and jasonZ. According to AVM, My EAD approval date is 01/08/01, which is after my old EAD\'s expiry date: 11/23/00. The problem is I don\'t have a valid H1B. I didn\'t extand my H1B which expired on 7/24/00, and I used AP to enter US as a parolee. I am concerned about the gap between 11/24/00 and 1/7/01. My lawyer assured me I have nothing to worry about and it is perfectly legal working between that period. I asked him to fax me the INS regulation he referred regarding this situation. I haven\'t got it yet. Do you think will it cause any problem with my 485 application if INS finds the gap? Should I talk to an IIO? I am really really concerned.
 
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Here is comment I got from my lawyer: The EAD is a requirement to prove that you can work in the US in lieu of any other work authorization. In case of a renewal, if due to INS technical process it takes longer than expected time to process and issue your EAD card, then either you or the lawyer call the INS office and speak to them about your status or lack thereof (and get everything corrected) or maintain all the documents that have been exchanged between the you and the INS and show and explain the discrepancy if asked. He did not suggest which is better. The EAD is only checked by an employer to show you are authorized to work or at the port of entry in case of travel (sometimes).
----- This is not legally binding information ------
 
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My renewal had been approved on 28/11/00. It took 10 days to approve and about 2 months to get the card.
 
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I was in a situation where, I filed my EAD renewal and did not get it before the previous one expired. So, I called INS three times and asked different IIOs the same question, "Can I continue to work until I hear about an approval ?". All three IIOs told me I am not supposed to work as I do not have a valid permit. I should wait for 90 days after applying for EAD renewal and should go to local INS to get a temporary EAD (If they are capable of issuing one). Then, I waited three more days and my EAD got approved (according to phone message). Then I continued working after that. Card arrived after a month and it was renewed without any gap. This is the information I have. I do not advice you to either work/not work. I will bet your lawyer will not send you any letter or fax saying that it is legal to work in your situation. Even if he sends one, it will not have his name or signature on it.
 
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Thank you so much rk2476 and Kiran! I guess I will just maintain all documents and be prepared for related questions if asked. My last question is:
Would the date gap in my two EADs in any way affect my 485 application? Would INS think that I illegally worked during that period and deny my 485 application? Or would INS think I didn\'t stay with my employer during the gap period and deny my 485 application? My employer is the sponsor of my LC and I140 application.
Your help is greatly appreciated.
 
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- In case INS questions your status, you can try to explain that you tried in "good faith" to renew the EAD, due to processing delays, you could not get it in time etc., INS may not accept that answer. But they may ask you to pay a fine and then approve your 485.

- It is not necessary to work (before GC) for the same employer who filed for GC. GC is for a future employement. There are lot of people who\'s 485 is done by someone and they are working for different company. Only thing is, your employer (who filed GC) should be ready to accept you when your GC is approved. And INS wants you to work for your GC filing company for sometime after getting GC.
 
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I\'m on the same situation like T T.
There is a twenty days gap between the old EAD expiration date and the new EAD that I received today. And because I\'m not working with a lawyer - I have to go with what you guys on the board say.. and that\'s not good news.
I specified that it was a renewal EAD on my application and send copies of the old card etc.. did they screw up or is it supposed to be like this?
It\'s bad I only found one other case on this board.. I would like to know more.
 
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I consulted another immigration lawyer (other than my company\'s immigration lawyer) regarding this issue. The lawyer said something similar that this should not be an issue and won\'t affect my I485 application. He also pointed out that according to the new 245(k) regulation, I can work 180 days without EAD, and don\'t need to pay the fine for AOS. However, I searched the INS site and other immigration law sites, and wasn\'t able to find the 245(k) document. Please post updates if you find something useful.
 
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