485 question

L

longwait

Registered Users (C)
Immigration Gurus,

Need your guidance.

1) for i-485, MY ND is Oct 1999. I haven\'t got FP yet. Any idea when they will start processing Oct cases?

2) My EAD will expire in 2 weeks. i applied for renewal before 3 months but haven\'t heard from INS.

Can I still work after my current EAD expires, even though my EAD is not renewed?

If my EAD is renewd after current EAD expires, Will my new EAD be back-dated and valid from current expiration date?

Anybody who haven\'t got their EAD renewed for more than 3 months?

can I go to local INS office 90 days after renewal application? (I hate to go to Newark though. People are having bad experience there...)

thanks.
 
No Title

Legaly you can not work without having EAD in your hand...If you are with the same company who took out your current H1 and if you have time remaining on your H1 then you still can work for your current employer (subject to non use of AP..for which I have my own doubts so check with your attorney)

If you post some more details may be the situation offer more options.

Yes you can go local INS after 90 day to get the EAD within 24 hours but who knows EWR is worst then any other.

Advise call up IIO @ 802-527-4913 with your receipt # they should be able to give you status of your case.

Good Luck
 
No Title

1. IIO said may get FP in 1 month for my case (ND=7/oct/99)
2. if you do not have valid EAD, you can not work. Even your EAD is approved but you do not physically have the card, you can not work
3. Local office at newark is really bad, basd on my experience
4. Call IIO about it to see what happen. I was told my was approved and will get the card in 2 to 3 weeks (about 90 day)
5. good luck
 
No Title

1. IIO said may get FP in 1 month for my case (ND=7/oct/99)
2. if you do not have valid EAD, you can not work. Even your EAD is approved but you do not physically have the card, you can not work
3. Call IIO about it to see what happen. I was told my was approved and will get the card in 2 to 3 weeks (about 90 day)
4. good luck
 
No Title

MY Nd is also October,99 around 17th I think and called IIO in the middle of December about my FP which I have not received yet , I was told at that time 2 - 3 months to get FP notice I figured ( Feb01 - Mar 01).

About your EAD yes after renewal it would be dated from the time the previous one expired so it would be as if you were in possession of EAD status continuously. As far as not having the EAD at hand situation there is a clause in the I-9 document which says if the employee does not have a document of proof of eligibility to work, should show the receipt of application of such document has been made and can present the actual document within 90 days is eligible to work. So if you have the receipt for the application of EAD renewal that is enough to satisfy the condition mentioned above until 90 days, if after 90 days you do not have an EAD in your possesion then you cannot work at that time.

Please read the I-9 document which is given by your employer to you it states clearly about this situation.
 
No Title

Chutney, please excuse my ignorance but what is I9 form?, what dose it look like? who gives it? is it available on the web? and lastly IS IT VERY IMPORTANT OR MUST TO HAVE ONE???, because I donot have anything like that or anything given to me by my employer.

Also do you think this will cause me problem at the time of 485 approval?

Thanks in advance
 
No Title

Hanuman I-9 form is the form given by the employer to empoyee at the time of employment to see if the employee has shown the document of elgibility to work there is a list of documents that are accepted as proof of eligibility to work and EAD is one of them ofcourse GC is one US passport is another such document, this would be signed and kept by the employer incase of audit by INS the employer can show INS that he has kept the records of all the employees. This has nothing to do with 485 and it does not effect the 485 processisng, the issue came up because of eligibility to work question posted by longwait who does not have a renewed EAD card with him because it is pending processising, and it is not his fault that its taking so long to process and he applied for it in good faith prior to its expiration so in as much as his eligibility to work is covered in that document.. Again this has nothing to do with 485 processising and an employee is not requried to keep this this is only for employers.

You can see this form on www.shusterman.com and go to the frame on the left hand side click on forms then immigration forms and there is a list of all forms and I9 is one of them, it is an acrobat pdf file so you need to have acrobat to see it.

Hope this helps
 
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