EAD before 90 days

[desiladka]

I am trying to find out information on EAD renewal application.

When is one supposed to apply it? Before how many days of the current EAD expiration?

I already know that one can get an interim EAD from local service center incase its 90 days since you applied for renewal EAD.

My question is what happens when its not 90 days since you applied for renewal EAD and your current EAD is going to expire in a few days?
What are the options for a person in this situation? If he works(if the company allows) while his EAD has expired and waiting for his 90 days to finish, I am sure USCIS can deny 485 application on that grounds of working without authorization.

So what does the person do? Company APNE BAAP KI TO NAHEE HAI.

They will lay you off immedaitely and get a replacement for you. When you get your EAD maybe after 2 weeks or 1-2 months whatever, the job is gone.

Who would be responsible for this? Is there way? Is there any justice?

Thanks

 

[orangetreats]

What are the options for a person in this situation? If he works(if the company allows) while his EAD has expired and waiting for his 90 days to finish, I am sure USCIS can deny 485 application on that grounds of working without authorization.
Thanks

Not neccesarily true.... You can work without authorization for period of 180 days ...You are covered within this period by 245(k) rule and would be able to adjust your status.

I am certainly not abetting the usage of this ......

I know a few people who took advantage of this cos their job was at stake and didnt want to loose this oppurtunity in lieu of expired EAD

my 2 cents !!!!!

 

[desiladka]

Not neccesarily true.... You can work without authorization for period of 180 days ...You are covered within this period by 245(k) rule and would be able to adjust your status.

I am certainly not abetting the usage of this ......

I know a few people who took advantage of this cos their job was at stake and didnt want to loose this oppurtunity in lieu of expired EAD

my 2 cents !!!!!

Congratulations on your Approval.

My 485 has been denied and I have already filed for EAD renewal. Most propbably it will be denied, since my 485 is not considered pending while MTR filed.

I am just trying to plan in advance before my EAD expires and if I dont have EAD. I am trying to find out what will be my options if my EAD is denied, 485 opened/not opened and my current EAD expires?


Any help very much appreciated.

 

[orangetreats]

Hey,

Not very clear as to what status you are working... Is it on an non-immigrant status (H1/L1) or are you on "adjustment of status pending" ?????

Here are some options that you may want to pursue
1. Going without pay/"Leave without pay" or something to this effect is an option provided the waiting period is short.
I know a bunch who did this.....

2. If the above, doesnt work try filing for H1B visa ....INS legacy memos provide you a statute within which you can get H1b visa (not subjected to the cap) if you held an H1b visa with your current employer sometime in the past ..even though its expired.... Please ask your lawyer regarding the specific section of the law that provisions this .....I think you can do this ....But I may be wrong...You need a lawyer to evaluate this option...ask yours if its possible.....

3. If the above doesnt work ...I guess you can still continue working till 180 days under the 245(k) cover...


Please do not construe my opinions as legal and binding...I may be wrong...Please contact an attorney before making your move....

How have you addressed the issue of your current status in lieu of 485 being denied if you do not have an non-immigrant status to fall back on ????
Filing 140/485 again could get you back in status before the 180 cap runs out ????????

Again please contact your lawyer for advice ..good luck and all the best