Can I work with the EAD approved but without the actual EAD card in hand??

S

sw28

Registered Users (C)
I am starting a new job on feb12th and my case was approved on feb3 . In case I donot get the EAD card by Feb12th what should I show as a proof of legal status to work??
Please Please suggest

TIA
Sw28
 
Congrts on ur approval .
Well Some companies will ask u for the copy of document , but if if it first time you must need the approval notice .
what is RD ?
 
I think you are eligible to work the day your case is approved. The EAD card explicitly has the validity dates. But the employer must be convinced that your case is approved- that should not be too difficult.
HTH
 
Before submitting the I-9 form, it is company policy to check ur EAD and its expiration date.
 
Hope this helps..

If I were you I would call USCIS to confirm that I was approved and start working on Feb 12. I dont think its "no card - no work". I think its "no approval - no work". I would also convince the employer by showing the online proof and / or any other proof I have that my EAD has been applied for/approved.
 
You will get your EAD card soon

My 2rd EAD was approved 5th Feb. I got my card last night from mail.
You woll get soon.
 
Re: Hope this helps..

Originally posted by gctakingtoolong
If I were you I would call USCIS to confirm that I was approved and start working on Feb 12. I dont think its "no card - no work". I think its "no approval - no work". I would also convince the employer by showing the online proof and / or any other proof I have that my EAD has been applied for/approved.
Click to expand...

Approval notice/online proof are not in a list of employment eligibility documents.
 
sw28, you did not mention if your case was a new or a renewal one.

It is the date on your EAD that matters.

Even if your EAD was approved on Feb 3, the validity period on the card could/might be different. You cannot work prior to or after the validity period.
 
I-9

I believe there is a period during which you have to establish your I-9 eligibility to work after starting work. Not sure if thats 3 or 5 business days or what the exact number is. So option may be to push start date out as far as you can and then hope it arrives by then....
 
I think that legally, technically, you are eligible to work as soon as your case is approved.

when the card arrives it will have the retroactive date of approval on it
 
I-9 can be done retroctaively- that is normal practise for so many employers. They sometimes may not just don't enter you into the payroll till you produce all the papers- this once again is normal practise. So many employers even pay subsequently for services rendred before approval- also normal practise for many.
If for any reasn the approval etc don't come thru in some time - they may not eneter you in the payroll and just let you go.
HTH
 
Thanks a lot for all ur replies.

My case is of EAD renewal from CSC. I think it is legal to start working once your case is approved.
I scrutinized the I-9 form at
http://uscis.gov/graphics/formsfee/forms/files/i-9.pdf

and this is what I found in section2

Section 2 - Employer. For the purpose of completing this
For more detailed information, you may refer to the INS
Handbook for Employers, (Form M-274). You may obtain
the handbook at your local INS office.
Employers must complete Section 2 by examining evidence of
identity and employment eligibility within three (3) business
days of the date employment begins. 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.
 
I called up INS

and they told me point blank that they cannot do anything and I have to wait for the card for 30 days. I asked them if they could fax a letter to the employer if needed and the IIO refused to do so. Also according to the IIo employer is required to check the EAD before they allow you to start working.
But I scrutinized the I-9 form and have posted my observation above.
So bottomline if push comes to shove one can start working legally if the employer cooperates.

Thanks to all..Sw28
 
Thanks for the i-9 excerpt.
As I-9 clearly states that I think the employers are obliged to let you work.
HTH
 
Form - I9 Employment Eligibility

As per I-9 form

1. For new employment - You may be able to work with your receipt - here is the text from I-9

"Employers must complete Section 2 by examining evidence of
identity and employment eligibility within three (3) business
days of the date employment begins. 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."


2. For Renewl : - According to (Form M-274). We have to wait for the approval and we need the actual card with valid dates.

Link to Form - I9 -
http://uscis.gov/graphics/formsfee/forms/files/i-9.pdf

please post your comments..

Thanks
 
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