EAD BEFORE 90 days are over

N

nm1

Registered Users (C)
Hi:

My 485 was just filed yesterday at CSC and I have heard that some local offices (in my case Denver) will issue you an EAD even if your 90 days aren't over. Has anyone had any experience with this (preferably in Denver, any other office info would be helpful too)?

My wife has an offer and they would like her to start ASAP. She really wants the job and it will be pretty difficult to find anything else in this economy. So we just wanted to know if we can do this.

Note that my I-140 has been approved (07/18/02).

We would greatly appreciate any help that you people can give us. Thanks in advance.

Regards,
nm1
 
I would suggest go the Local office with I-485 receipt and request for it, and see if they can help you out. Usually they are pretty much friendly where there are not overwhelm with immigrant. Good Luck.

Other thing EAD is almost sure thing, you can ask her employer to hold pay for couple of months (work as voluantary) and get paid when she get her EAD/ SSN in form of signing bonus.

Just practical idea, nothing much.

I hope this will help.



Originally posted by nm1
Hi:

My 485 was just filed yesterday at CSC and I have heard that some local offices (in my case Denver) will issue you an EAD even if your 90 days aren't over. Has anyone had any experience with this (preferably in Denver, any other office info would be helpful too)?

My wife has an offer and they would like her to start ASAP. She really wants the job and it will be pretty difficult to find anything else in this economy. So we just wanted to know if we can do this.

Note that my I-140 has been approved (07/18/02).

We would greatly appreciate any help that you people can give us. Thanks in advance.

Regards,
nm1
Click to expand...
 
Thanks for the reply jbm!!

Yeah...we had thought about the voluntary thing but we are not sure if a company would be willing to do this (they might be afraid to do this even though there is nothing illegal in it).

I guess we'll just have to try the EAD at the local office. Three months might be long time to work without pay.

Would you (or anyone else) have any idea about what documents are required when you go to get the EAD from the local office?

Regards,
nm1
 
similar situation

I have a similar question...

when she (your wife) went for the interview, did the employer ask her to fill out the application form and what did they say when she did not fill out the SSN?
 
Actually, my wife already has a SSN. She came to the US on an F-1 in 1994 (when they were giving out SS numbers to Interenational students).

On another note though, she hasn't yet told them about the EAD situation (that she can't work for pay yet). We are still trying to figure out what the best way to tell them would be. Also, I am using the next couple of days to find as much info as I can.

Sorry I couldn't be of any more help.

Regards,
nm1
 
Nm1

In your case your best bet is to start work as a Volunteer - just as JBM suggested. Most companies will do this. They can also always give her a non-monetary gift in lieu of the work.

You will probably need atleast the 485 receipt to get an EAD. Which definitly will take at-least couple weeks. Also, recently - I have heard - that it does not take 90 days to get an EAD. about 3-4 weeks is what you are looking for.

Good luck
 
Local INS

Why u guys waiting?? Please go to local INS, most likely they will issue you EAD. I know couple of people got it before 90 days. It wont harm, try it out. I would go to local INS right away, and will request. I would think anything else later.
 
Re: Local INS

Originally posted by Sahin
Why u guys waiting?? Please go to local INS, most likely they will issue you EAD. I know couple of people got it before 90 days. It wont harm, try it out. I would go to local INS right away, and will request. I would think anything else later.
Click to expand...

On what basis are you going to the Local INS? You need at least the 485 receipt #.
 
rawgar

Yes at least u need the receipt notice. Thats what I meant. I meant why u guys waiting if u have the receipt notice, why wait for 90 days then to go to lcoal INS.
 
rawager,

I am interested in what you mean when you say "non-monetary gift"? What do they give you and how? I would imagine that whatever they give (as compensation) will have to be filed in their taxes. Do you know of any examples of what employers have done in the past? I just need to know so that we can suggest that to her employer.

She still does not have to start for another couple of weeks and we are still waiting for the receipt. But I did find another interesting thread on this portal. Here is part of the thread:

*************************
POSTED BY TASSE:
*****************************
There is a legal way to have a job even once the person has INS receipt about EAD filing.

The employee should fill out form I-9 to be hired legally from INS's point of view. Based on information from DOJ/INS, Instructions for Completing Form I-9, pages 12-19 (“Part Seven”):

If an employee is unable to present the document or documents, which confirm employment authorization, within 3 business days of the date employment begins, the employee must produce a receipt showing that he/she has applied for the document. In addition, the employee must present the actual document to employer within 90 days of the hire. The employee must have indicated on/or before the time employment began, by having checked an appropriate box in Section 1 of I-9 form, that he/she is already eligible to be employed in the United States.

NOTE: Employees hired for less than 3 business days must produce the actual document(s) and the I-9 must be fully completed at the time employment begins.

So, if a person follows above recommendations to fill out I-9 form, he/she may legally work for 90 days based on EAD receipt. Then in the best case he/she will obtain EAD and present it or, if EAD is pending more than 90 days, apply for an interim EAD, as described above. To be on safe side it is better to start job about 7 - 10 days after EAD receipt date. That way gives the person an ability to apply for an interim EAD 10 days before his/her lawful 90-day period of job expires.


__________________

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Anyone else know anything about this? We would like any input anyone can give. Thanks again.

nm1
 
H-1b expiry ...before getting EAD

I have filed for I-485 -- received recipts and expecting EAD in DEC first week,
Mean while my H-1b is getting expired...in Mid OCT...

So shall I have to file H1b extension ?

I am on bench now...can I join any project after the H1b expiry?
please suggest ...
 
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