Does she need EAD Renewal approval before joining the job

W

wowgc

Registered Users (C)
EAD renewal applied in March and mine got approved in june 6th but wife got a RFE for copies for my I140, I485 and marriage certificate.

RFE replied on 20th june with all the documents.

She got a job today and she needs to report to job on 1st of july.


1. Is she eligible to work (on the basis of EAD application)
2. Is she eligible for getting the iead
3. What will happen if she join the job on 1st of july and EAD approved later


Thanks
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I485 - ND - Jan-2002
 
Last edited by a moderator:
Needs to have approval...

Hi Wowgc,
As per my knowledge she needs to have an EAD APPROVAL.
answer to

A1:She cannot work just on the basis of EAD application.

A2:No,She is NOT eligible to get an I-EAD,since from january'03 almost all the local BCIS offices are asking the applicants to wait for minimum of 90 days before applying for I-EAD.

A3:She will be working illegaly,if she works without work authorisation.She cannot be on any payroll.

Best of luck!
 
wow_gc,
My feeling is she cannot start working without getting her EAD approved. Also, it would be difficult to get iEAD for cases with RFE. Is it possible for her, by any chance, to postpone the joining date by couple of weeks. There is every possibility that her EAD will be approved in two to three weeks. My wife's EAD was approved in two weeks after getting the response to RFE. There has been cases reported in this forum for which it was approved even in a week's time.

sunamb

wac-02-069-XXXXX
 
IEAD

why don't you try getting an IEAD? Of course after 90 days. You might turn out to be lucky enough to get it.
 
Actually, the 90 days count resets the very day BCIS receives the response to RFE. That means, if you get RFE, the RFE is for initial documents (documents to be provided with initial filing), and response to RFE is sent, local BCIS will issue iEAD only after 90 days from the date of receipt of response. However, some local BCIS offices do issue iEAD if response to RFE is sent and received by BCIS. This may depend on the situation and how successful you are in convincing them your plight. My wife got iEAD from Portland, OR BCIS office after responding to RFE. At that time, she was already using iEAD which was nearing expiration date and had RFE for her original renewal EAD application for which BCIS received the response. You too can try your luck for iEAD.

good luck...

sunamb

wac-02-069-XXXXX
 
Don't even think about working with out EAD approved.

It could adversly effect your/hers 485, if BCIS come to know about it.
 
Thanks all for your inputs


Update from the website
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On June 24, 2003, we received your response to our request for evidence or information. It is taking between 120 and 140 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case.
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She is going to apply for iead on Friday the 27th with other supporting documents for the need of her ead. She has to take up her Teaching job on july 1st at any cost. If she get her iead she will be on the payroll or otherwise she will work as a volunteer until she get her EAD.



I485 - ND - Jan 23, 2002
 
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