Can I get Interim EAD before 90 days????

T

Tajindia

Registered Users (C)
Folks:

Screwed up like always... My EAD expires on Feb 26 and my EAD renewal notice date is Jan 2, 2003. I have been screwed up by my lawyer and I do not have an H1 either. So, what does anyone think about my chances of getting an IEAD before the so called "() days"? Has anyone ever gotten an IEAD at SFO before 90 days.

Please post any experiences.

Thnaks:confused:
 
My case is somewhat similar to yours. My EAD is expiring on Feb 10th and I applied for EAD renewal in Nov. RD 11/20/02 and ND 12/4/02. I would have completed 82 days from RD on Feb 10th but will try to get an EAD in first week of Feb and see what they say.
Better try than not. Following the example of the nation, I think if you make a case (like Bush or Powell), you're likely to get one. The chances are better if it's a EAD renewal, I think (my lawyer thinks so too).

Goodluck.

TheWho.
 
Wow Tasse!!!

Tasse Thanks a lot,,,, That is what I think too. So everything god knows... probably

:D :) :(
 
Tajindia,

What exactly is your reason to go for iEAD? If it is just to continue working in your current job, I think you don't really need an iEAD, because we had this discussion on a previous thread and the conclusion we arrived at was you need iEAD only if you want to switch jobs or start working, not to continue working at the same job, because the new EAD which you have applied for already, will be pre-dated to the last day of expiry of your current EAD which means you will be legal through your entire stay. Offcourse you will need to verify it with your lawyer, but according to murthy.com etc. you should be okay!

Good luck and keep us posted!
 
140 --- Question??

I need IEAD in order to continue to work. I talked to my lawyer and he said that I will need an IEAD. Everything is very fluid. It is the way someone can interpret it. He tells me you will be Ok with even the reciept but when I said you are my lawyer, he beacme a chicken ans said you need an IEAD...

So Dude I believe I will try and go and see what happens. I am sick of this whole sh**** But not giving up.

any more suggestions..

:(
 
TajIndia,

I might be totally off here but this is just a thought. Can you try to get H1 extension? I suppose, you were H1 earlier and it expired some time ago. Is it not allowed to file a late extension? If allowed, you are ok from the time H1 application reaches INS.

Worst case, I recommend take time off and sit home for few days. You dont' want to work when not in 'legal working status' i.e. on EAD.

140_takes_4ever,

Many employers make you sign I9 and you can't sign that till you have EAD or iEAD and hence no work !
 
Tajindia,

I guess these things are so open and fluid, like you said, every lawyer you go to, you will get a different answer! :( We were basing our opinion on Attorney Murthy's posts. I would hate to second guess your lawyer, but in my opinion the guy is a moron for not filing your EAD renewal on time, or atleast 90 days prior to your current EAD expiring. But the fact that he initially mentioned that a renewal notice is good enough, is exactly what Attorney Murthy had said on this subject. So you might want to scan her website for further information. But DEFINITELY go for iEAD in the mean time, worst case scenario they will tell you to go home and come back another day.

Anyways, if you fall under the San Jose INS center, you should be okay going early for iEAD. Apparently, they don't check into the 90 day period as much. They are probably more understanding to the fact that processing times fluctuate so drastically, you never know by when you need to reapply for an EAD. Scan some of the prior threads on documents you need for iEAD, take EVERYTHING with you and some extra!

Good luck and keep us posted!
 
140_takes_4ever,

Thanks for your input. I haven't changed my job since I applied for my gc. My h1 expired last june and I obtained an iEAD (because I never received one even after 6 months). Now, my EAD is going to expire and I don't have to get an iEAD because I've already applied for renewal, is that right? I sent my renewal application on Nov 10th 2002 and my iEAD is going to expire on Feb 10th.
Under what circumstances would INS retro-date the EAD to be valid from the expiry date of my previous EAD?
Can you post links to that thread or the page on murthy.com that had this information?

Thanks,
TheWho.
 
Agree 300percent!!!

140 and Hari

I agree with you guys 300 percent. My lawyer is a moron... probably true....

Actually my H1 expired last May..

RD 10/9/2001
ND 11/11/2001
FP Received 03/27/2002
RFE ISsued 08/13/2002
Laid off 07/30/2002

Waited to get three paystubs, employment letter

RFE filed in Nov recieved date Nov20, 2002

So H1 probably is not an option. But unfortunately I live in fremont and belong to SFO Used to live in SJC my bad luck. But I will surely search and try to go on 27th ...

Probably will let you know the experience.

On the top of your head do you have any URLs you know from Murthy website the discussion you were talking about. Any help will be appreciated...

Thanks again:)
 
Tajindia,

Unfortunately the top of my head is not even good for the things it is supposed to be good for namely holding hair, so these huge fat ass links are definitely not going to reside in there. But thanks to some hard work ;) :p (Yeah right!), I dug up some old links that will help both you and TheWho, with your questions. Here are the links in order of importance and my brief summary at the end.

http://www.murthy.com/UDdatgap.html
Talks about the retro-dating of the EAD!

http://www.immihelp.com/gc/aos/ead.html
Important article that talks about how if you applied for EAD renewal 90 days prior to its expiry date, you are automatically eligible to work for ~240 days!

http://www.immigrationportal.com/showthread.php?threadid=70628
http://www.immigrationportal.com/showthread.php?threadid=70457
Some related threads, you can skip them if you want, but they have this same crazy argument rehashed a few times! :)

Hey SillyMan are you sleeping or swimming? Haven't seen you post all day today, can you add the above links to your EAD FAQ? I know they don't have anything to do with the renewal process per se, but they are definitely pertinent, don't you think?
 
Re: No EAD No Work

Originally posted by GC7075

No EAD No Work

http://www.ins.usdoj.gov/graphics/howdoi/faqeev.htm

If you are not actually authorized to work, employment should be DISCONTINUED (alien employees who question the employer’s determination may be referred to an INS field office for assistance).
Click to expand...

GC7075

Din't see that mentioned anywhere in the doc you pointed us too. Infact did not see any mention of EAD at all there. Can you please point us to the relevant paragraph or wording?

Thanks!
 
Originally posted by 140_takes_4ever
Hey SillyMan are you sleeping or swimming? Haven't seen you post all day today, can you add the above links to your EAD FAQ? I know they don't have anything to do with the renewal process per se, but they are definitely pertinent, don't you think?
Click to expand...

140, someone here executed an update query on a big table, and forgot to put the where clause in it. Whats more, he/she issued a commit afterwards, so I've been really busy cleaning this shit up.
 
TheWho

TheWho,

Sorry I should have replied specifically to your post earlier, but please refer to the second link in my prior post. It will answer your question. Since it has been 90 days since you applied for EAD renewal and your iEAD expires on the 90th day, you should technically be okay! But I did not quite understand your case completely, a little confused about the wording, not sure if this is the second EAD that you are filing or the first, or if it is the EAD that is expiring is your iEAD or EAD. I would definitely talk to a lawyer since he will know your entire case history well and it is easier to offer advice in that situation. Though you might get the answer you are looking for in the links I have posted already.

Good luck!
 
EAD renewal – similar case

Originally posted by 140_takes_4ever
Tajindia,

.... the new EAD which you have applied for already, will be pre-dated to the last day of expiry of your current EAD which means you will be legal through your entire stay.

Click to expand...
To ALL:
EAD renewal – similar case. Old EAD expires before 90 days passed or new one issued. Talked to my lawyer and she has the same opinion as the quoted above. 140_takes_4ever is right, so don't be worried!

Good Luck
 
Tajindia,

I am actually in the same boat.
My H1 stamping is valid in my passport till
Nov2003 but my I94 expired sep 02. So I believe
I lost my H1 status and need to use EAD
to work legally for I9 purpose.

My EAD will expire on Apr 1 03. and the
notice date for renewal is Jan 28th.

My lawyer suggested that I go out of the
country and reenter wth a new I94 (back to H1)
so that I will have some form of legal document
to work before I get IEAD and after the first
EAD expires. When I called up INS customer servicecenter they said If I do that Iw will abortt I485.

I am uncomfortable doing this since I have not bumped into atleast one person who has done this.

I have been doing lot of reading about this
on the net/postings..

I have realized,
1. You should not work until you have some
form of EAD/Document which will entitle you to
work for them.
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
3. If 485 is pending you are in status however
to work you need valid H1B/EAD or IEAD..


Sorry but I do not have a clear answer yet.
However I am meeting my lawyer tomorrow.. will post what ever I find out.
 
Thanks!!

Hi Hadenf:

Thanks for writing... Can you please check with the lawyer whata re my options if SFO office does not give an IEAD and my 485 is not approved by then..

:) :)
 
140_takes_4ever,

To clear things up, let me rephrase my statements:
My iEAD expires on Feb 10th.
I mailed my EAD renewal application on Nov 10th with RD 11/20/02 and ND 12/4/02. Now, I have 90 days since I applied.

What I'm wondering is to whether go to INS to get an iEAD before it expires or wait till it's 90 days after RD.

TheWho.
 
A quick One???

Everyone:

Is it advisable to go for IEAD one week before regular EAD expires or after the EAD expires..? I am thinking of going on Feb 19th as my EAD expires on Feb 26.


Thanks :) :confused:
 
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