Can I get Interim EAD before 90 days????
- Thread starter Tajindia
- Start date
Hadenf,
If your H1 is valid till Nov'03 then how come your I-94 is expiring, normally with your new H1 (form I-797) there should be a new I-94 at bottom of that form which should be valid till Nov'03, check that.
I am sure you must be having I-94 on your I-797 form.
If you have never worked on EAD and your H1 is vaild then your EAD is of no use. But as a second option you can have it.
Regarding these statements
1. You should not work until you have some form of EAD/Document which will entitle you to work for them.
- You are right.
2. I called up customer service INS line and learnt that it is possible to get IEAD before 90 days. However I am not sure if san jose (where I live) will do it for me (64 days). There seems to be few people who have gotten IEADs before 90 days according to these postings http://www.cpaea.org/db/current/dbi485.html
-You can give a shot, if you are lucky you can get otherwise it all depends on INS officer on that day.
3. If 485 is pending you are in status however to work you need valid H1B/EAD or IEAD..
- You are right.
Taj,
Yes you need to go to SFO to get iEAD if you are in Fremont, I am also in Fremont. Jai-Hind
If your H1 is valid till Nov'03 then how come your I-94 is expiring, normally with your new H1 (form I-797) there should be a new I-94 at bottom of that form which should be valid till Nov'03, check that.
I am sure you must be having I-94 on your I-797 form.
If you have never worked on EAD and your H1 is vaild then your EAD is of no use. But as a second option you can have it.
Regarding these statements
1. You should not work until you have some form of EAD/Document which will entitle you to work for them.
- You are right.
2. I called up customer service INS line and learnt that it is possible to get IEAD before 90 days. However I am not sure if san jose (where I live) will do it for me (64 days). There seems to be few people who have gotten IEADs before 90 days according to these postings http://www.cpaea.org/db/current/dbi485.html
-You can give a shot, if you are lucky you can get otherwise it all depends on INS officer on that day.
3. If 485 is pending you are in status however to work you need valid H1B/EAD or IEAD..
- You are right.
Taj,
Yes you need to go to SFO to get iEAD if you are in Fremont, I am also in Fremont. Jai-Hind
I went to INS San Jose for iEAD just after 90 days passed and my wife also came along with me.. she had filed for EAD very late and only 2 weeks had passed... but the officer gave us both iEAD's.
My lawyer says she was very lucky because they usually dont give iEAD if it is not 90 days... so I suggest that you give it a shot.. what have you got to lose?
Ravi
My lawyer says she was very lucky because they usually dont give iEAD if it is not 90 days... so I suggest that you give it a shot.. what have you got to lose?
Ravi
How many times???
vipsha and Ravisimi:
How many times can you go for an IEAD? I feel from this forum, I have understood it is more depends on the person rather than the rules. So if (GOD FORBID!!) they do not give me IEAD one day, can I go some days later to get another shot at IEAD.
Just was wondering if there are any limits on application process for IEAD.
vipsha and Ravisimi:
How many times can you go for an IEAD? I feel from this forum, I have understood it is more depends on the person rather than the rules. So if (GOD FORBID!!) they do not give me IEAD one day, can I go some days later to get another shot at IEAD.
Just was wondering if there are any limits on application process for IEAD.
My Attorney's Response in this situation
My EAD expires 27th of this month. The "90Days" period ends on 14April.
My employer spoke with my attorney, and came to the conclusion that I should take a "leave of Absence" starting Feb 28th till I get EAD or become eligible for iEAD.
Though there is a lot of discussion on this forum, and some of them have suggested continuing employement quoting a posting on Attorney Murthy's web site, my employer told me that he will take advice only from my attorney.
There are a lot of people in this and other thread who are trying to get iEAD before 90 days window. Based on the replies posted I will go to INS office in SFO and try for iEAD in the last week of this month.
My EAD expires 27th of this month. The "90Days" period ends on 14April.
My employer spoke with my attorney, and came to the conclusion that I should take a "leave of Absence" starting Feb 28th till I get EAD or become eligible for iEAD.
Though there is a lot of discussion on this forum, and some of them have suggested continuing employement quoting a posting on Attorney Murthy's web site, my employer told me that he will take advice only from my attorney.
There are a lot of people in this and other thread who are trying to get iEAD before 90 days window. Based on the replies posted I will go to INS office in SFO and try for iEAD in the last week of this month.
Last edited by a moderator:
140_takes_4ever
Registered Users (C)
ishaqali,
This forum is meant only for an exchange of ideas, at no point is it claimed to substitute for competent legal advise. To make points we will normally quote more learned lawyers/attornies, or precedents that we have head off. But offcourse each case is different and so are the circumstances and INS's dealing with the same. So it is good that your employer will move only on the basis of their lawyer's advise. You should not make any moves based upon things you read here.
But as far as extension of work based upon pending EAD renewal is concerned, you might want to draw your lawyer's attention to the INS clause that specifies that EAD's are always post dated. Maybe it is something your lawyer is not aware off if he hasn't handled too many immigration cases which deal with these circumstances.
This forum is meant only for an exchange of ideas, at no point is it claimed to substitute for competent legal advise. To make points we will normally quote more learned lawyers/attornies, or precedents that we have head off. But offcourse each case is different and so are the circumstances and INS's dealing with the same. So it is good that your employer will move only on the basis of their lawyer's advise. You should not make any moves based upon things you read here.
But as far as extension of work based upon pending EAD renewal is concerned, you might want to draw your lawyer's attention to the INS clause that specifies that EAD's are always post dated. Maybe it is something your lawyer is not aware off if he hasn't handled too many immigration cases which deal with these circumstances.
140_takes_4ever, thank you
140_takes_4ever,
Thank you for your input. I had sent the link from muthy.com where the EAD predating issue is published to my attorney.
Probably I should not have done that (sending one attorney information from another attorney's web site)
140_takes_4ever,
Thank you for your input. I had sent the link from muthy.com where the EAD predating issue is published to my attorney.
Probably I should not have done that
(sending one attorney information from another attorney's web site)140_takes_4ever
Registered Users (C)
TheWho,
Sorry, you are right pre-dated. Was in a hurry so a number of typo's in that post. Thanks for pointing it out!
ishaqali,
Please post your lawyer's response. It will be interesting to hear another opinion and a number of people in the same shoe will benefit from your situation.
Thanks!
Sorry, you are right pre-dated. Was in a hurry so a number of typo's in that post. Thanks for pointing it out!
ishaqali,
Please post your lawyer's response. It will be interesting to hear another opinion and a number of people in the same shoe will benefit from your situation.
Thanks!
140_takes_4ever
Registered Users (C)
and the outcome!