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E3D - EAD question

Discussion in 'General E-1, E-2 and E-3 Visas and Related Issues' started by Ktaylor, Dec 21, 2017.

  1. Ktaylor

    Ktaylor New Member


    My EAD expired last week - I submitted my renewal applications back in October but has not been approved yet. From my understanding I can not work until I get the approval.

    My HR company think/have submitted my receipt number from the form I got notifying me USCIS had received the application and have given me the all clear to continue to work as this went through in their system.

    From what I can see though this new rule where a receipt number from a pending case can only be used to grant a 180 day extension only if you fall under certain categories. The e3D not being one of these. I've tried to explain this but they still think I am ok to work.

    Don't get me wrong I do / need to be working but I also don't want to get in trouble or jeopardize my pending application. What would happen if I did just continue to work until my new EAD card came - my work/HR company seem to think entering that receipt number gave it the all clear.

    Thank you in advance.
  2. Jeriley

    Jeriley New Member

    My EAD renewal application was accepted, along with the fee payment, on July 6, and to this day there is no word as to when the new one will arrive. I used to have two part-time jobs: one employer suspended me as soon as they found out my current one had expired; the other one is still keeping me on, though bugging me about it constantly. It all depends on how dispensable you are to your employer: they know that they won't get into trouble, based on what E-Verify is telling them.
  3. Ktaylor

    Ktaylor New Member

    My my main concern is getting in trouble myself, or my EAD not being approved because they see that I am working without one.

    Was your application a simple authorization to work for an e3D ? Thats crazy that you have been waiting almost 6months! I hope it comes soon for you (and me!)
  4. newacct

    newacct Well-Known Member

    You are correct that your EAD (category A17) is not automatically extended. If you work you would be working illegally.
  5. Jeriley

    Jeriley New Member

    My category is (c)(18), also ineligible to the 180-day automatic extension, yet I have done my part in showing my employer that I have exercised more than due diligence in renewing it and the only response to my many "Service Requests" that I received from the USCIS, after more than a month's wait, on Nov. 22, has been, "Your case is currently under review. You should receive a decision or notice of other action shortly."

    If your case has been pending for more than 75 days, you are entitled to inquire about it online and you'll be told to expect a response in 12 days, which, as in my case, probably will not happen that soon. If you haven't done so already, open an account on USCIS.gov so you won't have to call their Customer Service number and spend an hour to talk to a representative to get the exact same answer you would if you did it online yourself. Like I said, if you show to your employer that you have exercised due diligence in your attempts at renewal and that you cannot afford to be unemployed, you should be fine.

    As far as I can tell, the government is non-functional at this time: it is understaffed in many of its branches, since Trump's administration took over. This is the first time this has happened to me, in my 28 years of yearly EAD renewal. I am now contemplating bringing a lawsuit against the government on this. If nothing else, it will be compelled to answer the many questions I have in my situation.

    Good luck.

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