Can I legally work while Waiting for renewal of EAD ?

H

harishds

Registered Users (C)
I'm struggling with my GC from past 7+ years, I'm learning each time new things... and now need help here.

My EAD is expiring in mid of June 2008. I have applied for re-newal for the same end of April time frame. based on current published processing times.
I will get my renewed EAD By mid of July...

Now I'm trying to find out what my options are

1. After Mid June , Am I eligible to work ? I had a recent infopass just to ask this same question , the IO said you can work without telling anyone.. but I'm not convinced with this answer, because There is no written document stating the same. and this option might jepordize my GC process.

2. Another option is take a break (Un-paid leave)from employement till I get my EAD.

3. Or Continue working and use 245K , 180-day rule for illlegal employment. Again this will Jepordize GC process.

4. Fax the letter to Nebraska Service Center, requesting them to expediate EAD process for me. For this option do get written letter from employer and send a request.

5. Does this theory sounds good, I might eligible to work because when we file petition for I485 and EAD 1st time at that time we continue working even though we are waiting for our 1st EAD ?

your advise is much appreciated..

Thx.
 
1. After Mid June , Am I eligible to work ? I had a recent infopass just to ask this same question , the IO said you can work without telling anyone.. but I'm not convinced with this answer, because There is no written document stating the same. and this option might jepordize my GC process.
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He is wrong. It's illegal to work on an expired EAD. You NEED to have a valid EAD to work.
2. Another option is take a break (Un-paid leave)from employement till I get my EAD.
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This seems to be the most common approach to the situation you're in.
3. Or Continue working and use 245K , 180-day rule for illlegal employment. Again this will Jepordize GC process.
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Risky. You may or may not get away with this.
4. Fax the letter to Nebraska Service Center, requesting them to expediate EAD process for me. For this option do get written letter from employer and send a request.
Click to expand...
Try it. They tend to be not sympathetic.
5. Does this theory sounds good, I might eligible to work because when we file petition for I485 and EAD 1st time at that time we continue working even though we are waiting for our 1st EAD ?
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No, it does not. The safest option is to will till you EAD is approved and sit out the time difference after mid june.
 
I am hoping they will come out with some sort of memo regarding this. because july filers have started filing for ead/ap.Last time they took four months to process those 400K applications.So are all these people going to sit on four months unpaid leave?. this whole thing sucks.....


I had a strange incident. I went to renew my driving license and due to real id act, Not issued. I have to wait now for a date to convince the driver control that I am legally present. My h1b renewal application with DHS but as usual, no receipt so far. Thank God I have 485 filed. I have to show either ead or 485 receipt to have a license.

they are making it harder for people to follow rules because of the inefficient system.....
 
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Real Candadian

Does it means, 245K rule will help me in working on current job as per Info pass or I should not use it ?


Let me know,
 
while waiting for EAD approval and take unpaid leave. is the person has LEGAL law to stay. you know in H1, you are only allowed to be 10 days without job. is there such thing as that? what about if the unpaid leave is , say 3-4 months (meaning EAD comes after 3-4 months ). is that OK too?
 
maddux1 said:
while waiting for EAD approval and take unpaid leave. is the person has LEGAL law to stay. you know in H1, you are only allowed to be 10 days without job. is there such thing as that? what about if the unpaid leave is , say 3-4 months (meaning EAD comes after 3-4 months ). is that OK too?
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What keep you in legal stay is the pending I-485 and not the EAD, not being on job or staying home.
To be without EAD and consequently without job for prolonged periods will expose your pending I485 to adverse effects to the extent of denial in many categories
To be in the safe side just apply for EAD renewal 120 days in advance and the majority of applications will be approved on time.
No 10 day role so far
 
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