Can I work after EAD expire?

ruby6

Registered Users (C)
I am pending I-485 on married based. I have EAD but it will expire in Decemeber. If I file renewal EAD right now, I don't think I recieve renewal EAD before my EDA's expiration. Could I work in my expired EAD, if I file i-765 for EAD's renual while pending I-485?


Hope somebody know about it
 
ruby6 said:
I am pending I-485 on married based. I have EAD but it will expire in Decemeber. If I file renewal EAD right now, I don't think I recieve renewal EAD before my EDA's expiration. Could I work in my expired EAD, if I file i-765 for EAD's renual while pending I-485?


Hope somebody know about it
NO - YOU CANNOT !!

Pending EAD application does not give you the right to work. You need the approved EAD card to continue to work.

If you (& your employer) want to be within the law, its best you take an unpaid leave of absence when your EAD expires.

BTW, EADs are being approved fast -- so good chance you get your EAD in 6 weeks or so - good luck !!
 
The first advice is to apply as soon as possible. The average wait times is around 56 days but renewals are usually fast.Many people advice to take unpaid leave to avoid a period of unauthorized work,however since your 485 is still pending your are allowed a period of 180 days of unauthorized work after your last inspected entry.
Period of unauthorized work are forgiven if your 485 is marriage based. I will advice you to apply now and keep an eye on the NBC timeline.Your current employer can also give you a letter of an intention to relieve you of your job unless you provide a new EAD. This letter with a receipt(NOA) of filling a renewal can be presented to a district office to obtain an interim EAD if a new EAD does not arrive before the current EAD expires. I am not an attorney and you can consult one to advice you.
 
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