Can I work when the EAD is in production

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zhouxiaodong

Registered Users (C)
Hi, I have a question about the work authorization. I applied the GC on Dec, and now have got notification for approval of AP and EAD. The EAD card has be ordered production. How many days should I expect to get the EAD card. And while in the waiting period, am i elligible to work? Thanks
 
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You are not eligible to work until your card is received by you. Because you have no proof of authorized employment.

Give it 15-20 before you receive your card.
 
Plus you need to get a SSN if you don't have one. I mean for sure you can check on job postings and so and getting ready to apply.
 
PraetorianXI said:
You are not eligible to work until your card is received by you. Because you have no proof of authorized employment.
Click to expand...

I doubt that's correct. He is authorized to work, even if he doesn't have proof of employment authorization. Look at it the other way - if he loses the EAD card, is his employment no longer authorized? Clearly not.

cher1980 said:
Plus you need to get a SSN if you don't have one.
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While the lack of an SSN will probably disqualify you in the eyes of clueless (ie. most) HR departments, it's not a legal requirement in order to work. I was employed for several weeks before getting an SSN.
 
Hey Real! Good point, legally yes s/he is allow to work already...but can you clarify then, will he need it to "demostrate" that he is eligible in front of an employer? not necessarily at the time of the interview for sure...but if s/he get hired? (I mean you know filling out all the HR forms so they can pay you and all that- hence my second curiosity how they were paying you without a SSN?)...(of course by that time most likely will have that in hand)...thanks!
 
A new employee has to provide proof of work eligibility at the time of hire.

Excerpt from Form I-9 Instructions
"If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days."

Most employers will not accept a verbal affirmation of you work authorization without documentation.
 
lets talk about my work authorization

You can look first into my time line
Now my question is.......My H1B is expiring on 28 Feb (I have completed my 6 years of H1B). I have only receipt notice for I 765. I talk to my business office about In case I don't receive my EAD by 28 Feb.........then I'll have to take leave and wait for it, But not allowed to come to job. I got the information from one of the forum that if u produced receipt for or approval notice, the employer let u work for 90 days. But my business office said this is not true
Any comment

I hope to see my EAD soon
 
asPapi said:
A new employee has to provide proof of work eligibility at the time of hire.

Excerpt from Form I-9 Instructions
"If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days."

Most employers will not accept a verbal affirmation of you work authorization without documentation.
Click to expand...

Hi asPapi
from where you get this information...my employer is saying it is not true
 
asPapi said:
Click here. You will find the information on the first page.
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Hi asPapi
Thanks, I read the information, it is clear in instructions. But when I look into section 2, in which they have classification of documents which they accept, I am unable to see any detail about receipt notices. In any case I'll share this information with my business office
 
A receipt notice is for any of the documents listed under "List of Acceptable Documents" that you may have applied for.
 
asPapi said:
A receipt notice is for any of the documents listed under "List of Acceptable Documents" that you may have applied for.
Click to expand...
Hi asPapi
i read handbook for employers from this link
http://www.uscis.gov/files/nativedocuments/m-274.pdf

If you focused part eight last line of first column it says "Receipts showing that a person has applied for an initial grant of employment authorization, or for renewal of employment authorization, are not acceptable".

I don't now how to compare this with "If a person is unable to present the required document(s) within three business days of the date employment begins, he or she must present (within 3 business days) a receipt. The person then must present the actual document when the receipt period ends."

I am going to talk to my people. Very confusing
 
Thank you all for the suggestions and comments.
I am currently holding a valid H1B visa for a non-profit organization. It expires in April, 2009. I got a new job offer from a company and required to show my eligibility to work for the company on the start date Feb 11th. My EAD has been ordered production on Feb 4th. I'll double check with HR to see if I can just use the EAD approval notice for the start and provide them the EAD card within 90 days. Will post the HR's reply for your information. Thanks again.
 
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