E-filed EAD one week before it expires, can I accept new job?

N

navsar

New Member
Hi there,

I need some advice.
My EAD expires 3/1 and I have just e-filed EAD renewal on 2/17 with the San Francisco Office. (was a terrible mistake on my part not applying earlier)
I also have my H1-B with my previous employer still valid until 5/14.
Currently I am not working but have a couple of new job offers that will materialize the week of 2/21.
I have made an info pass appt on 2/21

My questions:
Can I accept the job offer on the basis of my current EAD which doesn't expire until 3/1? Since I applied for renewal before it expired, won't the BCIS backdate the EAD renewal when it is approved from 3/2 which will protect the new employer and me? Do I have to inform the new employer that my EAD is undergoing renewal process?

I understand interim EAD is only given if it has been 90 days but in my case, since I don't have a current employer, can I still request that I be given an interim EAD, otherwise it's not possible for me to manage my finances for 3 months without working? What would I need to provide?

Please help as I am really confused what do next?

Thanks for your help
 
navsar said:
Hi there,

I need some advice.
My EAD expires 3/1 and I have just e-filed EAD renewal on 2/17 with the San Francisco Office. (was a terrible mistake on my part not applying earlier)
I also have my H1-B with my previous employer still valid until 5/14.
Currently I am not working but have a couple of new job offers that will materialize the week of 2/21.
I have made an info pass appt on 2/21

My questions:
Can I accept the job offer on the basis of my current EAD which doesn't expire until 3/1? Since I applied for renewal before it expired, won't the BCIS backdate the EAD renewal when it is approved from 3/2 which will protect the new employer and me? Do I have to inform the new employer that my EAD is undergoing renewal process?

I understand interim EAD is only given if it has been 90 days but in my case, since I don't have a current employer, can I still request that I be given an interim EAD, otherwise it's not possible for me to manage my finances for 3 months without working? What would I need to provide?

Please help as I am really confused what do next?

Thanks for your help
Click to expand...

No, your EAD won't be backdated. It will start from the date your application is approved not from the date when your last EAD expired.

You can accept the new job but you will not be able to be on payroll legally after 3/1. I have a feeling your new employer will not even hire you since your EAD technically expires in 10 days. Since you will have to submit a copy of your current EAD with your W9 form to your new employer, your employer should be the one asking you what happens after 3/1. In most companies, HR usually informs the employee, that, their EAD is about to expire and that they need a copy of their new EAD to continue work. You can read from previous postings about all those whose EADs did not get approved or got lost in the mail and couldn't get an interim EAD to continue work.

I am just giving you the facts. Since I don't know much about your new employer, you may not even have a problem. It all depends on your new employer.
 
Last edited by a moderator:
you cannot work, unless you want illegal work, also

your new employer in any case should not accept your employment with EAD expiring..
 
navsar said:
Hi there,

I need some advice.
My EAD expires 3/1 and I have just e-filed EAD renewal on 2/17 with the San Francisco Office. (was a terrible mistake on my part not applying earlier)
I also have my H1-B with my previous employer still valid until 5/14.
Currently I am not working but have a couple of new job offers that will materialize the week of 2/21.
I have made an info pass appt on 2/21

My questions:
Can I accept the job offer on the basis of my current EAD which doesn't expire until 3/1? Since I applied for renewal before it expired, won't the BCIS backdate the EAD renewal when it is approved from 3/2 which will protect the new employer and me? Do I have to inform the new employer that my EAD is undergoing renewal process?

I understand interim EAD is only given if it has been 90 days but in my case, since I don't have a current employer, can I still request that I be given an interim EAD, otherwise it's not possible for me to manage my finances for 3 months without working? What would I need to provide?

Please help as I am really confused what do next?

Thanks for your help
Click to expand...

USCIS will backdate the approval date to keep the dates in continuation on your EAD card. Minn Labor is very very inccorrect in his response. My EAD got approved approved last month and I was in same shoes as you are, my EAD was backdated.
 
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