Can I work with EAD Pending?

F

ForrestGump

Registered Users (C)
Hi Guys,

My 6 years of H1B is expiring on Aug 9 2001. I applied for I-485, EAD and AP on June 29 2001. Applied at VSC. Don\'t know when they would open the Mail. Can I work after Aug 9 2001 if my EAD han\'t been approved then?. My lawyer told me that I can work if I get the I-485 Receipt Notice. Is it true?.

Thanks Guys,
 
No Title

Unfortunately, you cannot and should not work until your EAD is approved and have received the card. If you go ahead and work without the EAD in hand and INS comes to know of this (payroll, etc) then forget the Green Card! However, you can stay in this country (without working until EAD comes through) as your I-485 is pending.
 
No Title

Rajesh,

Why don\'t you apply for H1-B extension for the seventh year. That way you can work until your
H1-B extension application is pending for 240 days which should give you sufficient time to get your EAD,
so you could switch over to that.
 
No Title

Thanks GC-ke-darshan.

I can\'t apply for H1B extension as I started my GC less than 365 days. My Labor filed date is 08/24/2000. Only after 08/25/2001 , I complete 365 days and eligible to apply for 7th year extension.

According to my lawyer, After gettig I-485 receipt I can work?. Is this correct?. Still with the mailroom backlog, I don\'t how long it takes to get the Receipt date?

Rajesh,
 
No Title

Rajesh,

You can apply for the H1-B extension for the times and durations that you have been outside the country.
Just make a list of the times that you have been out of the country and include evidence of the same
i.e. passport pages, airline tickets, boarding passes, company letters stating you were out of the country for
those days. That way until the INS give a decesion on the H1-b application (I-129), you can legally work for 240 days.
By that time you should get your EAD and then you can perform the switch to the EAD int the company\'s I-9 forms.

Regarding the I-485 receipt. once you get the I-485 receipt you are considered under status. To
work however you need an EAD (Employment Authorization Doc). From what I gather it is a violation
to work without the EAD card. So you might need to consult with a lawyer if you plan to work without the EAD card.

I would suggest you view similar queries about "working with EAD pending" and that might give more insight to this.

Even if the INS gives you a month of H1-B extension it will cover enough time for you to apply for H1-B extension again for the
seventh year because by then your priority date will be 1 year old.

I would suggest you discuss these options with your lawyer and get more clarifications.
 
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