Current EAD expiring soon. Options

knowDOL

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My spouse's GC is pending and current EAD is expiring in a week. During Info pass on 22nd Oct the IO sent an email to TSC expedite the case, but as of now no updates on EAD. We filed EAD on 20th July 2007. Please advice on the options we have. Professionally it will not be good for my spouse to take leave or vacation until the EAD gets approved. Will it be okay to continue working as we did everything right on our part including filing and followup in timely manner. Someone was mentioning about 180 day window to become illegal. Does it hold good for EAD/AP status people while 485 pending.

Thanks much
 
My spouse's GC is pending and current EAD is expiring in a week. During Info pass on 22nd Oct the IO sent an email to TSC expedite the case, but as of now no updates on EAD. We filed EAD on 20th July 2007. Please advice on the options we have. Professionally it will not be good for my spouse to take leave or vacation until the EAD gets approved. Will it be okay to continue working as we did everything right on our part including filing and followup in timely manner. Someone was mentioning about 180 day window to become illegal. Does it hold good for EAD/AP status people while 485 pending.

Thanks much
Technically she shouldn't work after her EAD expires but you can take risk.

Yes, your spouce will be covered under section 245(i)(180 day out of status) if she choose to work on pending EAD status.
 
The more important question is will the employer let you work with pending EAD application?
 
I would take a little break in work, if EAD not available on time. It is very risky to work without authorization. Take Attorny's advise.

Good luck !!

My spouse's GC is pending and current EAD is expiring in a week. During Info pass on 22nd Oct the IO sent an email to TSC expedite the case, but as of now no updates on EAD. We filed EAD on 20th July 2007. Please advice on the options we have. Professionally it will not be good for my spouse to take leave or vacation until the EAD gets approved. Will it be okay to continue working as we did everything right on our part including filing and followup in timely manner. Someone was mentioning about 180 day window to become illegal. Does it hold good for EAD/AP status people while 485 pending.

Thanks much
 
Contact Ombudsman/ Senator.......
I am sure they can help. Infact you could go to the Senators office or congreesman and explain the situation. They will help you expedite.
 
But when the 2nd EAD gets approved. The valid dates will be from RD of EAD to 1 year right. That way, even though it looks like we are working on expired authorization, once the approval comes, the work can be considered legal. Does any one know if USCIS gives the approval from RD of the EAD renewal or from approval date.
 
The 1 year validity of the EAD will start either with the approval date, or with the expiration date of the previous date -- but which one they do depends on what the clerks processing your case feel like doing). So if they use the expiration date of the previous card, you should be fine ... but you don't know beforehand if they will do that.

My 2nd EAD start date was the approval date (thus robbing me of about 2 months, because the 1st EAD had 2 months left), but my 3rd EAD start date was the expiration date of the 2nd.
 
Please take another infopass and let them know that the case has not been expedited. It will work.

Also Please send a letter to Ombudsman with the details.

Thanks
 
Nearest infopass is 110 miles away. Anyway, if we got to do it, we got to do it. We will go again. thanks for the advice. Lets hope that second infopass will work.
 
I think best would be to fax USCIS explaining your situation. Recently people had been receving replies to the their faxes. Maybe worth a try. Keep on faxing every day besides doing other things. Wont cost you much but would become headache for them and they like these headaches to start working.

Also where do you live ? Just curious, as you said nearest Infopass appointment center is 110miles.


Nearest infopass is 110 miles away. Anyway, if we got to do it, we got to do it. We will go again. thanks for the advice. Lets hope that second infopass will work.
 
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