Can we work with a EAD receipt ?

G

gangleader

Registered Users (C)
My EAD card will expire on Feb8 . I have sent it for renewal back in Nov 2nd week.Last week I received a letter from USCIS which had asked for clear passport size photographs.Given that my I765 application is under processing can I continue working with my current employer after the expiry date ?I am getting mixed opinions on this. Some attorneys say that I can work as long as I have a receipt just the way you can start working once you have a H1B receipt.Some others say with EAD the case is different .One cannot work until the application is approved regardless of whether you have a receipt or not.I took a full time position with a state govt agency and would not like to take a risk. My HR says that I should be ok to work with the receipt.Can I atleast take a paid vacation ?Or should I just not accept any kind of payment during this period.
What do you suggest guys ? Yours opinions will be highly appreciated.

thaks
 
gangleader said:
Given that my I765 application is under processing can I continue working with my current employer after the expiry date ?I am getting mixed opinions on this. Some attorneys say that I can work as long as I have a receipt just the way you can start working once you have a H1B receipt.Some others say with EAD the case is different.
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The ability to work for up to 240 days based on a pending, non-frivolous extension petition is granted to non-immigrant statuses only. Since an EAD is not a non-immigrant status, it does not qualify.

Can I atleast take a paid vacation ?Or should I just not accept any kind of payment during this period.What do you suggest guys ? Yours opinions will be highly appreciated.
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It's perfectly legal to get paid, you simply cannot work.
 
My EAD card will expire on Feb 3 . I filed the I-765 E-Filing on Dec 17th, 2005. I got receipt.
Is it not safe to work? What options do I have?
Suggestions appreciated.

Thanks.
 
gangleader said:
My EAD card will expire on Feb8 . I have sent it for renewal back in Nov 2nd week.Last week I received a letter from USCIS which had asked for clear passport size photographs.Given that my I765 application is under processing can I continue working with my current employer after the expiry date ?I am getting mixed opinions on this. Some attorneys say that I can work as long as I have a receipt just the way you can start working once you have a H1B receipt.Some others say with EAD the case is different .One cannot work until the application is approved regardless of whether you have a receipt or not.I took a full time position with a state govt agency and would not like to take a risk. My HR says that I should be ok to work with the receipt.Can I atleast take a paid vacation ?Or should I just not accept any kind of payment during this period.
What do you suggest guys ? Yours opinions will be highly appreciated.

thaks
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If its 90 days since you applied for your EAD renewal, try getting an interim EAD. I don't think its legal to be on payroll if you don't have a valid EAD. I don't think its legal to take paid vacation. You can probably take non paid vacation which will atleast let you keep your job.
 
tpally said:
My EAD card will expire on Feb 3 . I filed the I-765 E-Filing on Dec 17th, 2005. I got receipt.
Is it not safe to work? What options do I have?
Suggestions appreciated.

Thanks.
Click to expand...

tpally,

are you done with your biometrics?
 
The general consensus is no.My HR just told me that on the backside of I9 form it clearly states under what circumstances I can work.Nowhere does it state that with a receipt I can continue working.
 
gangleader said:
The general consensus is no.My HR just told me that on the backside of I9 form it clearly states under what circumstances I can work.Nowhere does it state that with a receipt I can continue working.
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Of course it is up to you to work with the receipt since your HR allows (They are not attorney and don't know the law much) The law allows you to work up to 180 days without work permit, so if somethings go wrong you can still pardon and reply to those RFE.

If you want to play safe, stop working until receive the new EAD (or get interim one). Being pay is OK but try to avoid if possible since you will need to do explaination later (you don't want to receive such non-sense RFE and then cost time to explain. Remember RFE sent and processed by USCIS is not 1 day - it takes months to be done). That is what I learn from the 2 big companies I am working for. Those immigration offices are very knowledgable (of course, they serve 2-3K H1B employees, they must know the law very deep).
 
Thanks for the reply.
My company HR told it is OK to work. So I want to work as usual.


tpally
*****************************************
EB3 140/485 @ VSC; India
I-140: ND: 07/15/04 AD:09/26/04
I-485 : ND: 11/18/04
FP1: 03/14/05 NO RFE
EAD1: ND: 09/10/03 AD: 02/04/05
EAD2: ND: 12/14/05
 
tpally said:
Thanks for the reply.
My company HR told it is OK to work. So I want to work as usual.


tpally
*****************************************
EB3 140/485 @ VSC; India
I-140: ND: 07/15/04 AD:09/26/04
I-485 : ND: 11/18/04
FP1: 03/14/05 NO RFE
EAD1: ND: 09/10/03 AD: 02/04/05
EAD2: ND: 12/14/05
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Do you have an EAD application received recepit or an EAD approval receipt?
Does your HR know what kind of receipt you have from the above two?
If not, they might be thinking that you have an EAD approval receipt and
technically it would be okay for you to work with it.

I don't know your situation but sometimes its better to lose a little money than
dig a grave for yourself. Its upto you what you choose to do.
 
Last edited by a moderator:
newbies,
What you said is absolutely right.Even if the HR allows us to work it would not be advisable to do so cuz their knowledge on immigration matters is minimal.It is better to stay at home so that we dont put our gc process under jeopardy.The BIG question is would the company terminate us from the job since we dont have any kind of approval letter in hand.Legally I dont think even taking a vacation will solve the matter.Even though you take a break you are still an employee of that company and its against the law to employ anyone without a valid work authorization.And no big company would be willing to take that step.
 
What can we do

I am in the exact same status as yours, I got different answers from differents attorneys and people, have you made your decision?

I think taking vacation without pay is enough, since it is the employer's responsibility to decide what to do.
 
gangleader said:
newbies,
It is better to stay at home so that we dont put our gc process under jeopardy.
Click to expand...

245k gives you relief from up to 180 days of illegal employment.

Legally I dont think even taking a vacation will solve the matter.Even though you take a break you are still an employee of that company and its against the law to employ anyone without a valid work authorization.And no big company would be willing to take that step.
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Pardon? It's not against the law to be an employee without authorization, or to be paid. It's illegal to WORK. A leave of absence would be perfectly OK, but with 245k unnecessary.
 
I don't think its legal to be on payroll if you don't have work authorization but its upto everyone to decide for themselves. After all we are all adults and can decide for our ownselves. But, RealCanadian, I would rather not be on payroll without legal work authorization than listen to you and get into trouble.
 
please tell me why they need passport size photo?
I did the efile, and its very clear on the efile reciept: Do not mail photos or copies of identification unless requested to do so by BCIS. R THEY KIDDING US?
 
zima2004 said:
I am in the exact same status as yours, I got different answers from differents attorneys and people, have you made your decision?

I think taking vacation without pay is enough, since it is the employer's responsibility to decide what to do.
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Taking vacation pay means you are still hired by that company.In short you are still an employee of that company.Look at the back of I9 form and you decide yourself what is right and wrong.Again as i said different people will give different answers.
Technically the answer is no.Not worth taking a risk.
 
mgzh said:
please tell me why they need passport size photo?
I did the efile, and its very clear on the efile reciept: Do not mail photos or copies of identification unless requested to do so by BCIS. R THEY KIDDING US?
Click to expand...

You don't need to send in passport size photos if you efiled your EAD.
Did you file for your AP too?

Just call USCIS service center and set up an appt for your FP and picture
at your local ASC.
 
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