Can one work just with EAD receipt notice?

S

shnaky1972

Registered Users (C)
Hey Folks,

Case:
2nd EAD; Renewal
RD 03/11/2004
ND 03/16/2004
RFE 07/09/2004
Response sent back (new Photos) to INS 07/15/2004
INS received response 07/26/2004
EAD expires 08/09/2004


You all would have seen my posts earlier. I went today to the local INS office for my IEAD. By the time I went there, they stopped issuing tokens for the day, so have to go again tomorrow. They are running on very few staff and said they will be implementing the infopass soon so that one can get prior appointment. My Q is can one still work even after ur EAD expires by just having ur EAD receipt notice. Because I had a chance to speak to one of the immigration officers today and she said you can work as long as u have the notice, since ur case is still pending for approval (INS has received by response for RFE). She gave me a document titled " you have the right to work. Dont let anyone take it away". I get conflicting views. Please clarify.
 
Hello Shnaky,

From my experience, I can say for sure that we are not authorized to work until we physically acquire the card. I have been trying to get my first EAD card, and have a pending job offer, and when I asked if it's legal to work with only the receipt, the answer I got from immigration lawyers was no. The immigration officers I've spoken to also say no.

Now, another thing that seems to be important is how much your company's willing to follow the exact rules. I know several immigrants who work in smaller companies, who were able to get/keep their jobs as they are waiting to get an EAD, and they work for free until the receipt of the EAD, and get what the company owes them as a sign up bonus check.

If you're not able to get an iEAD tomorrow, try talking to your boss. They might be able to help you out.

Good Luck!
 
Many Thanks

Hi kayzeeturk,
Thanks for your quick response. I also got a document "Handbook for employers". (see page 20, I've marked it) which says that you have 90 days to show the actual proof of employment eligibilty. I dont know if its true for for ur current job or only for applying any new job. Also in the list of documents needed for employment eligibity, one of the criteria is SSN. I know it might sound a dumb Q, but if one has SSN, would that not be a proof. or is it because ur SSN is based upon EAD, that this criteria may not be valid.
Did you go for ur IEAD ? What happened?
 
Well one can get a SSN through working at school for as low as 1 hour per week (I received my SSN like that). But once I graduated school, I've been told that I will not be able to work until I received my EAD card, although I still have a SSN. Several different resources confirmed it; the university's international students office, my future company's lawyers, several other websites on the Internet, etc.

I basically thought the same when I saw the I-9 that my company sent me. But if you read the next sentence it makes the remark: "The person must have indicated on or before the the time employment began, by having checked an appropriate box, that he or she is ALREADY ELIGIBLE to be employed in the US". So this means that we need to be already eligible to be employed, hence have the card in our possession. I believe what the beginning of the paragraph refers to is if you forget to bring the necessary documents on the employment beginning date, you need to bring them in for copies within 90 days.

I went to get an iEAD card yesterday from philly office. I've been told that the iEAD is only given if no action is taken within 90 days of the last action. My last action was the iEAD, I replied a month ago, therefore I didnt qualify for an iEAD.

It's a tough nut to crack I'm telling you.
 
Thanks again

Your last para "My last action was the iEAD, I replied a month ago, therefore I didnt qualify for an iEAD".

I think u meant IEAD and not RFE was ur last action.
 
Ead Rfe

Kazeetark,

Which local office did u go to? Is 90 days same for all kinds of RFE's?

what was your RFE about?
 
I went to the philly office. In some of the threads on this website, i've read some occasions where people got the iEAD several days after they replied an RFE.

90 days are the same for all kinds of RFEs, for philly office to say the least. The USCIS officer did not seem to know the details of my RFE until i told her what it is.

The RFE was about sending in the old I-20s that were valid before the switch to the new SEVIS system. (i'm a new college grad)
 
shnaky1972 said:
Hi kayzeeturk,
Thanks for your quick response. I also got a document "Handbook for employers". (see page 20, I've marked it) which says that you have 90 days to show the actual proof of employment eligibilty. I dont know if its true for for ur current job or only for applying any new job. Also in the list of documents needed for employment eligibity, one of the criteria is SSN. I know it might sound a dumb Q, but if one has SSN, would that not be a proof. or is it because ur SSN is based upon EAD, that this criteria may not be valid.
Did you go for ur IEAD ? What happened?
Click to expand...

You can get paid without EAD. You should not work during period. It is like employer gifting you the money. On the other hand their should be attendance to the office. Nothing might happen. But who was knowing that BCIS was going to ride Wal-Mart stores.

Time sheets or billing the client may create the problem cab be used as a proof later.
 
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