continue working after EAD expiry

[rxraza]

What are the implications if I decide to continue my work after the EAD is expired? My EAD is expiring April 16th and I have not received the card as of yet. The receipt notice data was 19th Jan 2007.

Thanks in advance

 

[nataraj7]

Upto 180 days (aggregate after last admission to US) you should be coveed under 245(k). Should be OK in such circumstances. (if you have already worked).
Section 245(K) will cover for any unauthorized employment since last admission for 180 days in aggrerate.
I know many like you have worked during interim period.
Please consult an attorney and proceed further.

I am too in the same boat as you are.

I am planning to recature the remainding days on my H1B and file i-129 (h1b) and go to home country to get the visa stamped.
In other words I am switching from my EAD to H1B.

Hope this helps. Anyway consult a attorney.

 

[nataraj7]

Upto 180 days (aggregate after last admission to US) you should be coveed under 245(k). Should be OK in such circumstances. (if you have already worked).
Section 245(K) will cover for any unauthorized employment since last admission for 180 days in aggrerate.
I know many like you have worked during interim period.
Please consult an attorney and proceed further.

I am too in the same boat as you are.

I am planning to recapture the remaining days on my H1B and file i-129 (h1b) and go to home country to get the visa stamped.
In other words I am switching from my EAD to H1B so that I can work continuosly.

Hope this helps. Anyway consult a attorney.

 

[rxraza]

but the change of status back to H1-B from EAD is not required. Lets say if I receive the EAD after two weeks of its expiry, then do I have to worry about changing my status back to H1-B and then re-entring the US on H1-B stamped?

I appreciate your feedback

 

[dms]

Section 245(K) will cover for any unauthorized employment since last admission for 180 days in aggrerate.

There was much debate about this in the past, but I think the general conclusion was that the "last admission" is the last admission prior to filing for AOS. The exact wording of INA section 245(k) is:

(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--


(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;


(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--


(A) failed to maintain, continuously, a lawful status;


(B) engaged in unauthorized employment; or


(C) otherwise violated the terms and conditions of the alien's admission

It is the word "such" in section (2) that implies that the lawful admission being referred to is that mentioned in section (1), rather than any subsequent ones. The result is that you cannot reset the 180 day clock by leaving the country (which is common sense really).