485Final interview:Jan,31,05; EAD expiring Jan,20; employment-based case; HELP PLEASE

M

mrfausto

New Member
This is an employment-based case filed under 485i. I've finally got the letter for my final interview yesterday (Jan 7th). It's scheduled for Jan 31st, 2005. I felt so happy till I realized that my current work permit will expire by Jan 20th. I E-Filed a work permit renewal application on Nov 21st, 2004, got fingerprints and biometrics done on Dec 21st and asked to simply wait till CIS deadline to process my case (Feb 19th, 90 days after original receipt notice).
Being an employment-based case, I'm suppose to bring a letter from my sponsor (employer) stating that I'm currently working for them.

What can happen if I simply appear to my interview with that letter and an expired EAD with renewal in process?

How serious is all this? Am I worrying for a little thing? ... or ... Can they deny my whole case? or postpone its processing?

Should I contact CIS before my appointment and ask them to do something?

Yesterday I could't sleep and I've spent today's whole day at the Internet looking for answer ... HELP PLEASE ... All input welcome!
 
mrfausto, i feel your pain. just take it easy...Myself also spent many long nights while waiting for an approval.

I am not an expert on this. Please search the threads. There are some people who thinks that one can continue working with an expired while his renewal application is pending. I am not convinced with that position. Therefore, my practical advice will be the following:

-if you have a valid non-immigrant work visa (H1, L1..) filed by your current employer, you should not worry about EAD. Otherwise, I would suggest to try the following:
Try to visit a local office and explain your situation. Ask for an early issuance of the EAD document (prior 90 day window) . If that does not work, I would suggest your postponing your interview to the date after Feb 19 ( so that you could have a valid EAD)

As always, I would suggest that you consult with a good attorney before making an important decision..

Good luck !
 
Thank you MyDreamUsa

Thanks for the advice. I don't have a working visa. My eligibility to work comes from a pending i485 application (c9) filed under the benefits of 245i ... At this moment, the idea of rescheduling my appointment sounds like too much ... Hope not to have to do so ... No, please.

Mydream, would you tell me what particular thread(s) I can follow to look for information/experiences related to my situation/concerns?

Thanks in advance
 
Last edited by a moderator:
Here you go

http://boards.immigrationportal.com/showthread.php?t=156442&highlight=EAD

I also found this from murthy.com which clearly say that "The law states that if the EAD has expired, the person is not legally allowed to work until the new EAD is issued by the BCIS (USCIS)"

http://www.murthy.com/chatlogs/chat0630.html

I know it may not be an easy decision postpone an interview. But i wanted you to do a business decision not an emotional one. Just imagine that you were were getting ready to make an important presentation for your major client when you located a problem with the data in your presentation. Yeah you may take a chance and make a presentation with an incomplete data but the risk /price is as high as you can loose your major client, which could have a profound impact on your existing business and cost you a lot to repair/build relationships...

What is the risk of postponing an interview ?
 
Just my last 2 cents. I still suggest you to consult with a good attorney. It may cost you 100-250 but can save you from a risk of making incorrect decision. I think you need to find out that if it is a problem to go to the USCIS interview with an expired EAD . May be not, I am not sure about that.

Please be advised that I am not an attorney and have no education/experience in the area of immigartion law.
 
Just another thought. You stated that your case is not employment based. May be, because of that, having an expired EAD is not a problem . Many of us in the forum derive I-485 benefits through our employment, therefore maintaining continious employment is important for our cases.

Agan (sorry for repeating this 3rd time) I suggest you to consult with a good attorney before making a decision.

Please be advised that I am not an attorney and have no education/experience in the area of immigartion law.
 
if I request "leave of abscence" between 01/20(ead expires) and 01/31(AOS interview)

Thanks for all posts MydreamUsa ... if my actual problem is not to work if no valid EAD, i can simply stop working Jan 19 and wait till Jan 31st for them to grant me permanent residence ...

Following your first post if I ask to be rescheduled it won't be less than 3 or 6 months. Here is the reason for all this drama: I don't think I'll be able to stand 6 extra months at that job under current conditions (sponsoree). Maybe 3, but not 6. There are JOBS and jobs same as EMPLOYERS and employers.
From your last post, my case is a typical employment-based case. A company is sponsoring me to get a GC. I have to work for them till getting it and some extra time (at least). However, with a GC in pocket my relation with them changes inmediately 180 degrees ...

By the way, my first EAD expired 6/03. I filed renewal by 10/03 and got the second EAD by 01/04. I worked all that time (more than 180 days) completely unaware of EAD issues. It's like I've just woke up to a nightmare! I've just found about this new thing earlier today while checking threads and posts. Mydream? ...
 
You must log in or register to reply here.
Top