Can you help ? EAD expiry/renewal

I

imramesh

Registered Users (C)
Hi,

My wife's EAD is expiring Next week. She has applied for renewal 65 days back. She is yet to get that approved. She is working currently.

1. What are all the options she has?
2. Is there anyway she can continue the work with out the approval ?

Please help with your knowledge and experiences.

Thankyou
 
As far as my knowledge goes, she has to stop working if she don't get the approval by the date her EAD expires. She can go to a local INS office past 90 days from the date of applying and get the extension.

I am in the same boat, my wife applied for EAD extension in March and didn't get the extension yet and she left for India. Her company sent a notice that she has to renew her EAD before reporting back.

Hope this helps.
 
Hopefully VSC would approve her EAD before it expires. It has happened to some people in this forum. I think one can go to local BCIS office to get EAD if it is not approved only after 90 days of applying. It would be a good idea to call BCIS VSC and explain your concern. And also give it a try at local BCIS office.
 
When i should i file EAD Extension

Here is my situation:--
My H1 is expiring tomorrow. 6th yr limit is reached. My EAD was issued in Nov'02 by VSC (when i filed concurrent 485/EAD/Ap). It is valid till Nov'03. Since, i am going to work on the EAD from tomorrow, i want to be very careful. When should i file the EAD papers for renewal? Is it safe to file it just 90 days before expiry or well before that? In case, if i file the renewal , 4 months before the expiry and if i get it approved, will the new card's effective date will be still Nov'03 or will it be the approval date?
 
Snowbell,
I filed my renewal approx 95 days before expiry and it got approved in a month or so but date was in continuation to the old one... basically if first one is expiring on say 15th nov 03 the new one will come with dates 16nov 03 to 15th nov 04.
hope this helps
 
Just idea, if EAD expires then can person take vacation?

If EAD and H1 expires, and as 485 has been filed and pending so person can stay in US. But can not work.
If person had 4 weeks vacation left then can he take vacation, so he gets paid and not working also.
If this is not possible then it would be leave without pay?
 
Thanks for the suggestions.

But I heard that once you get the receipt for renewal, you can continue to work without approval since BCIS will issue the next EAD with effective date equal to the next date of the previous expiry date. I do not know whether it is allowed. I know one person who is doing that.
 
This issue of working while the second EAD is getting approved seems to be dpendent on the interpretation of each company's legal dept. For example my company legal dept said as long as you have the reciept of Renewal application you can continue to work. I guess if your wife is working for the same company you should not have a problem. Also the extension dates might not be continous ie from the expiry date of last one.

Raj.
These are my personal opinions , may not be legally correct.
 
one can apply 6 months in advance.

I have personally never heard of a case where the renewal dates were not continous, so not sure why lawyers say you should not work after 1st ead expires and the renewal app is pending except for a case where BCIS denies the aproval.

But as people have said above better take a paid/unpaid vacation till the aproval comes.
 
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