Delay in Employment Authorization Document

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UofT-Librarian

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How should one proceed if EAD has not been received even after more than three months of application date. Can one travel with Advance Parole Document if the TN visa has expired and EAD pending. Thanks.
 
UofT-Librarian said:
How should one proceed if EAD has not been received even after more than three months of application date. Can one travel with Advance Parole Document if the TN visa has expired and EAD pending. Thanks.
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You can travel using the AP. The EAD is just a permission to work and has nothing to do with the entry into the country.

Talk to your lawyer regarding the EAD delays - there used to be a facility to make an appointment with the officer to get the EAD in case you do not get it within the 90 day period, I am not sure if it still exists.
 
bigboy is correct. As sson as the 70th day passes, you can initiate the process that will get you your EAD on day 90 (as guaranteed by USCIS). USCIS is taking longer than 100 dys right now, so doesn't issue EAD on day 90 unless pressed.
 
UofT
I am in a similar situation but my lawyer told me that I cannot work on my return without EAD. I applied for both AP and EAD more than 90 days ago and so far I only got my AP. My FP is tomorrow. My only hope is that they need my pictures and that is the only reason for delay for EAD. My TN is valid till JUly 2007 but I need to travel.
I talk to my lawyer again and keep you informed.

BTW you can not expedite EAD anymore
 
You cannot expedite EAD, but if you had followed the procedure I outlined above, you would have gotten your EAD on day 90. If you do it now, you will get it in 20 days.
 
My TN is valid till July 2008, I am filed for GC.

I got my AP to travel however I don't have my EAD yet. Upon return to US and stamping my AP, my TN would void but my employer would still pays me based on my valid TN which they think would be valid till July 2008.

My lawyer told me go ahead and not to mention anything to HR until I receive my EAD. Is it too risky doing that? Shall I tell my employer about it?
 
mes127 said:
My TN is valid till July 2008, I am filed for GC.

I got my AP to travel however I don't have my EAD yet. Upon return to US and stamping my AP, my TN would void but my employer would still pays me based on my valid TN which they think would be valid till July 2008.

My lawyer told me go ahead and not to mention anything to HR until I receive my EAD. Is it too risky doing that? Shall I tell my employer about it?
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Entering on AP and then continue working without an EAD (but on TN that has become void) is not legal. I am really surprised by reading your lawyer's advice. I would not dare to do so!
 
I nerver trust a lawyer who encourages illegality. He is doing a disservice to you and your employer.

If you enter on AP, you are NOT entering in TN, so are NOT in TN status. Remeber, when you enter on AP, you get a new I-94, which does not entitle you to work.
 
Thank you for your advice. I have the same feeling and I decided not to leave the country for the time being. My TN is valid till July and I hope I receive my EAD by that time.
 
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