Can work with an expired EAD and a pending renewal

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chouchane1

Registered Users (C)
I have an expired EAD + a pending EAD application filed more than 3 months before the expiration of my current EAD. I have an appointment for iEAD but it is after the expiration of my current EAD. My question is: Can I still work with the expired EAD, and and the pending EAD application and the appointment for iEAD.
My lawyer told me that I can work!!!
I read so many messages regarding this issue and I am still very confused. The following is a FAQ About Employment Eligibility found in http://uscis.gov/graphics/howdoi/EEV.htm

Can I fire an employee who fails to produce the required document(s) within three (3) business days?
Yes. You can terminate an employee who fails to produce the required document(s), or a receipt for a replacement document(s) (in the case of lost, stolen or destroyed documents), within three (3) business days of the date employment begins. However, you must apply these practices uniformly to all employees. If an employee has presented a receipt for a replacement document(s), he or she must produce the actual document(s) within 90 days of the date employment begins.

Or from another source:
From 8CFR § 274a.2(b)(1)

(vi) Special rules for receipts. Except as provided in paragraph (b)(1)(iii) of this section, unless the individual indicates or the employer or recruiter or referrer for a fee has actual or constructive knowledge that the individual is not authorized to work, an employer or recruiter or referrer for a fee must accept a receipt for the application for a replacement document or a document described in paragraphs (b)(1)(vi)(B)((1) and (b)(1)(vi)(C)((1) of this section in lieu of the required document in order to comply with any requirement to examine documentation imposed by this section, in the following circumstances:

(A) Application for a replacement document.
The individual:

(1) Is unable to provide the required document within the time specified in this section because the document was lost, stolen, or damaged;
(2) Presents a receipt for the application for the replacement document within the time specified in this section; and
(3) Presents the replacement document within 90 days of the hire or, in the case of reverification, the date employment authorization expires; or
 
Technically you cannot work when your EAD expires - you either need the new EAD or iEAD card in hand.

But its your employer's responsibility to enforce I-9 requirements -- its not your responsibility.

Safest bet would be to take an unpaid leave of absence when your old EAD expires and start work when you get your iEAD.
 
What about those information that I posted that says that an employer can accept a receipt notice for a replacement of an EAD, as far as the employee provides the new EAD before 90days from the hiring date.?
And why did my lawyer tell me that I do not have any problem, and that I can keep working since?
 
A friend of mine is in the same position,EAD expired this month.A renewal was filed in july, so far no EAD. His employers have not raised the issue and the attorney did not regard it as a big issue, since he is sure the EAD will be renewed soon. My friend will not stop his job becuase he needs to support the family and his health insurance which will be stopped once his employment is terminated.
But my worry is will this not affect the 485 processing if it is regarded as unauthorized work.
What is this story of having a new set of biometric for EAD renewal. Is it selective, we completed 485 biometrics in june and now EAD renewal is due,should we expect another appointment for EAD biometrics prior to EAD approval. :confused:
 
TheRealCanadian said:
245k forgives up to 180 days of illegal employment without penalty.
Click to expand...
Thanks for the reply,do you need to specially apply for 245(K) or it is an applied law during adjudication whenever unauthorized work issues arises.
 
You don't need to apply. I had about 25 days or so where I worked between
H-1B expiry and EAd approval. My case got ajudicated fine.
 
Can you elaborate, your employer knew, guess on CIS/IRS side they never come to know

grunggy said:
You don't need to apply. I had about 25 days or so where I worked between
H-1B expiry and EAd approval. My case got ajudicated fine.
Click to expand...
 
I have no idea if USCIS looked at it or not. There is no way to know.
But clearly my H-1B was expired before my EAD was approved. My lawyer also said the same thing as the Real Canadian, (It's also on Murthy.com) that you can work for up to 180 without authorization before it will affect your GC application.
 
You may be able to use 245K, but the government can still come down pretty hard on the company for keeping you employed without authorization. (If they get caught that is....)
 
when i went to get an iEAD at Manchester, NH, the immigration officer told me, "everything looks good, yuo should receive it in about 2-3 weeks" ...when i asked him about what should i do if my employer asks for my EAD, he said, "tell them its in the mail, they are usually pretty understanding about it"... Easy for him to say, but i am nervous for no fault of mine... there is no status change online either... Isnt he encouraging me to work illegally, if it was illegal at all ? I am confused...

the interesting thing is that i was about 8 days short of my 90 day period but the officer didnt even mention/question about that. he says they stopped giving iEAD due to some fraud...
 
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