My EAD expires in 2 weeks and I am just realizing that. Now several places in this forum I read that one can continue to work if he has possestion of EAD renewal application recipt. Is this accurate because for most part people say you cannot work if you do not have EAD card in hand.
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Continue work on EAD renewal recpiep
- Thread starter amitkoh
- Start date
MY EAD is also expiring in three weeks and looks like it at least a month or two before I got renewal 2nd time. Last time I got approval within a month but this time it is taking longer time.....it is not 90 days yet so I can get my provisional EAD from local INS.
Please help what will be the status of my work since my EAD is going to expire in three weeks?
Cheers,
IJ
Please help what will be the status of my work since my EAD is going to expire in three weeks?
Cheers,
IJ
TheRealCanadian
Volunteer Moderator
Now several places in this forum I read that one can continue to work if he has possestion of EAD renewal application recipt. Is this accurate because for most part people say you cannot work if you do not have EAD card in hand.
While you don't need physical possession of the EAD, it does need to be approved. A timely-filed extension is valid authorization for non-immigrant working statuses like H, L, O and TN, but since the EAD is not a non-immigrant status, it does not qualify.
If you had to quit your job since you do not have valid EAD won't that jeopardize you employment based I-485 application?
Probably. There's no obligation, however, that you must quit your job. You merely cannot work, so therefore vacation or leave (paid or unpaid) is OK. Additionally, if you are an employment-based applicant 245k allows you to work without authorization for up to 180 days.
So I went and saw my employers immigration lawyer. He has pretty big size practice in this area. Here is what he told me after learning that only 2 weeks are left on my EAD.
" Apply for EAD asap, like today" and start counting days from the date my current EAD expired. 245(k) would allow me to keep working without authorization for 180 days only. If I do not recieve my EAD within 180 days, regardless if EAD is predated or not, I will have to stop working. If I did not I will jopardize my I-485 application."
"245(k) allows to work people with pending permanent residency to work for 180 days without work authorization in hand"
he did not said and I did not ask about fines etc. I wonder why there is so misinformation on the internet. I read people quitting the day EAD expired....based on who's advice ?
" Apply for EAD asap, like today" and start counting days from the date my current EAD expired. 245(k) would allow me to keep working without authorization for 180 days only. If I do not recieve my EAD within 180 days, regardless if EAD is predated or not, I will have to stop working. If I did not I will jopardize my I-485 application."
"245(k) allows to work people with pending permanent residency to work for 180 days without work authorization in hand"
he did not said and I did not ask about fines etc. I wonder why there is so misinformation on the internet. I read people quitting the day EAD expired....based on who's advice ?
TheRealCanadian
Volunteer Moderator
Correct me if I am wrong, but is not 245(k) applicable only to persons with a petition or LC filed after January 14, 1998, up to April 30, 2001?
You are confusing 245k with 245i. 245k is available to all employment-based applicants.
The key is 180 days total ever since you have been in US. More than 180 and you are done.
245k refers to the time since the last admission to the US.
ok. I am a little bit confused:
-- the above 245(k) states that if pending AOS, you can continue being on payroll without EAD for 180 days. In this case, can i receive pay during this period or is this on payroll but without pay (i.e unpaid Leave of Absence, not a termination of employment)?
-- On other hand I have heard of a law that states that you cannot be without pay/employment for more than 240 days once your status is pending AOS even if you have an EAD. A case in which you lost your job, or you have say personal health reasons and you stopped working for a long period.
Can you gurus pls clarify. Thanks!!
-- the above 245(k) states that if pending AOS, you can continue being on payroll without EAD for 180 days. In this case, can i receive pay during this period or is this on payroll but without pay (i.e unpaid Leave of Absence, not a termination of employment)?
-- On other hand I have heard of a law that states that you cannot be without pay/employment for more than 240 days once your status is pending AOS even if you have an EAD. A case in which you lost your job, or you have say personal health reasons and you stopped working for a long period.
Can you gurus pls clarify. Thanks!!
-- the above 245(k) states that if pending AOS, you can continue being on payroll without EAD for 180 days. In this case, can i receive pay during this period or is this on payroll but without pay (i.e unpaid Leave of Absence, not a termination of employment)?
245(k) in plain terms mean you can go about normal business, as if EAD never expired, for 180 days. Once 180 days are up, stop working or loose any chances of GC for 3 yrs or 10 yrs or so.
245(k) in plain terms mean you can go about normal business, as if EAD never expired, for 180 days. Once 180 days are up, stop working or loose any chances of GC for 3 yrs or 10 yrs or so.
WhyThisDelay
Registered Users (C)
What about the spouse, who was on H4 and started using ead. Her ead is expiring in 3 weeks, and NSC is just not approving her application. Can she still work using the 245(K) rule?
RealCanadian/ Gurus - please shed some light, as this is really crucial for my wife to not lose her job.
Thanks in advance.
RealCanadian/ Gurus - please shed some light, as this is really crucial for my wife to not lose her job.
Thanks in advance.
-- the above 245(k) states that if pending AOS, you can continue being on payroll without EAD for 180 days. In this case, can i receive pay during this period or is this on payroll but without pay (i.e unpaid Leave of Absence, not a termination of employment)?
245(k) in plain terms mean you can go about normal business, as if EAD never expired, for 180 days. Once 180 days are up, stop working or loose any chances of GC for 3 yrs or 10 yrs or so.
TheRealCanadian
Volunteer Moderator
the above 245(k) states that if pending AOS, you can continue being on payroll without EAD for 180 days. In this case, can i receive pay during this period or is this on payroll but without pay (i.e unpaid Leave of Absence, not a termination of employment)?
No, 245k refers to "unauthorized employment". The operative term being employment; you can be on payroll as long as you want; but you can only WORK without authorization for 180 days.
On other hand I have heard of a law that states that you cannot be without pay/employment for more than 240 days once your status is pending AOS even if you have an EAD.
There is no such law.
TheRealCanadian
Volunteer Moderator
Her ead is expiring in 3 weeks, and NSC is just not approving her application. Can she still work using the 245(K) rule?
She's covered, since she's an EB case as well.
RealCanadian/ Gurus - please shed some light, as this is really crucial for my wife to not lose her job.
Keep in mind there's no guarantee that she will keep her job, since once the EAD is expired the employer can legally terminate her without compensation.
WhyThisDelay
Registered Users (C)
Thanks TheRealCanadian.
She wasnt employed before the aos application - she was on H4. Will her case still be considered employment based and thus covered under 245k?
Also, can you please point me to some official site which states this (that one can work uptil 180 days beyond the ead expiry). My wife will take a printout and show it to her employer so as to not terminate her position.
Thanks in advance.
She wasnt employed before the aos application - she was on H4. Will her case still be considered employment based and thus covered under 245k?
Also, can you please point me to some official site which states this (that one can work uptil 180 days beyond the ead expiry). My wife will take a printout and show it to her employer so as to not terminate her position.
Thanks in advance.
She's covered, since she's an EB case as well.
Keep in mind there's no guarantee that she will keep her job, since once the EAD is expired the employer can legally terminate her without compensation.
TheRealCanadian
Volunteer Moderator
She wasnt employed before the aos application - she was on H4. Will her case still be considered employment based and thus covered under 245k?
Yes, if she's a derivative of your petition.
Also, can you please point me to some official site which states this (that one can work uptil 180 days beyond the ead expiry).
You misunderstand. She cannot legally work after the EAD is expired, but if she does there simply is no penalty, immigration-wise. If the employer does not wish to employ an illegal worker, there is nothing you can do to stop them from firing her.
Grandhipal
Registered Users (C)
Manner of last entry matters for 245k?
My wife is in same situation. Her 485 got stuck because of "name check" while mine (primary applicant) got approved in June 2007. Applied for her EAD renewal on June 13th and the current EAD expires on Sept 13th.
Assuming that the employer is eady to take a risk and keeps her employed for until 180 days after EAD expires - does it matter if she entered US last time under non-immigrant status or on AP? In our case her last entry was in F1 but we are planning to travel on AP in Aug-Sep 2007. Will she still be eligible for 245k provision?
BTW she was on H1b with a previous employer for some time before she joined the current employer on EAD about a year ago. The prev employer told us that they will cancel her H1 but not sure if they did that. Is it possible to switch back to H1B and stay legally employed?
Thanks!
My wife is in same situation. Her 485 got stuck because of "name check" while mine (primary applicant) got approved in June 2007. Applied for her EAD renewal on June 13th and the current EAD expires on Sept 13th.
Assuming that the employer is eady to take a risk and keeps her employed for until 180 days after EAD expires - does it matter if she entered US last time under non-immigrant status or on AP? In our case her last entry was in F1 but we are planning to travel on AP in Aug-Sep 2007. Will she still be eligible for 245k provision?
BTW she was on H1b with a previous employer for some time before she joined the current employer on EAD about a year ago. The prev employer told us that they will cancel her H1 but not sure if they did that. Is it possible to switch back to H1B and stay legally employed?
Thanks!
My spouse (derivative) EAD expiring 15 August and we have applied for renewal since 25 April. I got my GC more than 2 months ago. So, if 245(k) allows her to work, that would be great. Could someone send me an official link that describe about the 245(k) rules? Thanks.