EAD about to expire

H

hanmanthr

Registered Users (C)
Hi,
My wife is working on EAD which she got through my pending I-485. My I-140 is approved. Her EAD is going to expire in a week ( we missed that, probably because her parole is not expiring until end of august). I would like to know the following information.

1) Can she continue to work once she gets a receipt notice? Or does she need to wait until she actually receives an approval notice?

2) If she has to wait until the approval, can she take the chance and work anyway? Her company doesn't keep track, but can USCIS create problems at the time of my I-485 approval?

3) Can she apply online and go to the nearest ASC, since her EAD might expire before she goes for the interview? Can she get an interview with in a week?

Please advice what the best course of action in this situation.

many Thanks...
 
hanmanthr said:
Hi,
My wife is working on EAD which she got through my pending I-485. My I-140 is approved. Her EAD is going to expire in a week ( we missed that, probably because her parole is not expiring until end of august). I would like to know the following information.

1) Can she continue to work once she gets a receipt notice?
NO
Or does she need to wait until she actually receives an approval notice?
Yes

2) If she has to wait until the approval, can she take the chance and work anyway? Her company doesn't keep track,
but can USCIS create problems at the time of my I-485 approval?
Yes

3) Can she apply online and go to the nearest ASC, since her EAD might expire before she goes for the interview? Can she get an interview with in a week?

--- She can try but i don't think they will issue interim EAD.

Please advice what the best course of action in this situation.

many Thanks...
Click to expand...
 
I'm afraid I don't have a lot of good news. There are some vague rumors out there that once you have applied for an EAD you can continue working in good faith, but I'm not sure that has ever been really proven.
Technically if you don't have an EAD you can't work - and it generally really does take them 90 days to process. Some people have had some success requesting an interim EAD before their 90 days was up, but it does seem to be the exception rather than the rule. If you wish to try it you apparently need a letter from your employer saying you will be fired unless you have an EAD. I had to get one in a hurry once, and collected many letters from my employers but INS didn't care :(
Try searching the forum, some people have had success
 
rpar003 said:
There are some vague rumors out there that once you have applied for an EAD you can continue working in good faith, but I'm not sure that has ever been really proven.
Click to expand...

They've never been proven because there is not statutory or regulatory language to support such a claim. The automatic extension of work authorization while a renewal is pending is restricted to non-immigrant statuses only, and the EAD is not a status.

Technically if you don't have an EAD you can't work - and it generally really does take them 90 days to process.
Click to expand...

And this is exactly why 245k exists; it gives people forgiveness from minor gaps in EAD validity.
 
Try Premimum Processing.

Dude!

Starting 05/23/06 EAD processing can be Premium... If you feel your spouse needs to work try premium processing... Remember it costs US$1000 more but a sure to get processed in 2 weeks. Believe me if you pay the extra costs they will approve in 2 days flat.

Hope this Helps... I'm not a lawyer please don't consider this as a legal advise.
 
Is there premium processing for EAD? I didn't know that? Please provide me the details. My lawyer didn't mention any such thing.

RealCanadian,
What is 245k? You say 'it gives people forgiveness from minor gaps in EAD validity.' Please explain...

Thanks...
 
hanmanthr said:
Is there premium processing for EAD? I didn't know that? Please provide me the details. My lawyer didn't mention any such thing.

RealCanadian,
What is 245k? You say 'it gives people forgiveness from minor gaps in EAD validity.' Please explain...

Thanks...
Click to expand...

EAD premium processing is not available yet but it will be available soon as per USCIS. Don't ask when because no one knows yet but will be available in future for sure.
 
Hi!

I am in a similar situation. My EAD expires 06/30/2006 and I have just sent my AOS based on marriage to a USC for processing. They have cleared my checks, so I assume that they have accepted the apps and will process everything relatively soon, including my new EAD. My concern is that my employer may ask for my new EAD, as they know that it expires. Can I work while i am waiting for the new EAD? I am supporting my household at the time, bcause my wife lost her job, and losing mine will be terrible. Any suggestions? I would really appreciate it!
Thanks!!
 
You can write a letter to USCIS explaining your case and fax it. I don't remember the fax number but you can call the USCIS customer support center and ask them for a number where you can fax emergency requests.
 
Thank you for the reply hanman

Thank you for the reply hanman!

So, you think that faxing a letter will speed the processing of my EAD? If so, do you have any experience on this?

Thanks again~!!!!!!!
 
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