can I work while waiting for EAD?

[asimraja]

Hi,

I filed for I-140 in june of 2002 and got an RFE about two months ago. I'm waiting for its approval.

I also filed I-485 concurrently and got Advance Parole (AP) and EAD (Employment Authorization) as well last year. My H1 is expired so I entered US using AP the last time I went outside.

I've applied for renewal of of both EAD and AP as they are supposed to expire at the end of November. I'm now worried that what if end of November comes and BCIS doesn't approve my EAD. Can I go to the local office and get it at the spot even though I have an RFE on my I-140 and its not 90 days yet since my receipt date of EAD renewal application?

If not, can I keep working on an expired EAD while waiting for it to arrive?

What are my choices? Do I sit at home and wait for EAD to arrive? I may get my I-140 approved before my current EAD expires.

I'm worried so I'd really appreciate any helpful replies. Thank you in advance!

 

[ginnu]

I filed for I-140 in June of 2002 and got an RFE about two months ago. I'm waiting for its approval.

I also filed I-485 concurrently and got Advance Parole (AP) and EAD (Employment Authorization) as well last year. My H1 is expired so I entered US using AP the last time I went outside.

I've applied for renewal of of both EAD and AP as they are supposed to expire at the end of November. I'm now worried that what if end of November comes and BCIS doesn't approve my EAD. Can I go to the local office and get it at the spot even though I have an RFE on my I-140 and its not 90 days yet since my receipt date of EAD renewal application?
--- You can work on EAD till its validity, if you have got RFE on I-140 I don’t think you can go to Local BCIS for iEAD, because they have RFE on your I-140, they day you got RFE 90 days circle stopped and when your lawyer replies to RFE and new Evidence asked in RFE reaches BCIS then again count the 90 days from the date BCIS received response to RFE and go to local BCIS to give to iEAD. I hope that once evidence for RFE is received they will approve your EAD. After your lawyer sends RFE response try to check BCIS ONLINE with your I-140 receipt # you will know the update on I-140

If not, can I keep working on an expired EAD while waiting for it to arrive?
-------------- You have to discuss it with your employer HR and go off the payroll; they can pay you later when you get EAD in Hand
What are my choices? Do I sit at home and wait for EAD to arrive? I may get my I-140 approved before my current EAD expires.

---- I hope if you get I-140 approved at the same time they will approve EAD, or relax for few days at home or talk your HR they can do something. Also request your employer that the future employee should not face the same problem it is always better to be on H1 till I-140 gets approved, normally the employer avoids to file H1 Extension (to save Fees) after I-140, I-485 filing they think that is granted that I-140 will have no RFE