EAD card application question, please advise

I

impatient_one

Registered Users (C)
My wife is currently working using EAD card. It will expire on 7/16.

Her company filed the EAD renew on end of Feb, 2003. But for some reason, the EAD filed during that period is backlogged. We never received any INS official receipt. The lawyer got the WAC number somehow by tracking down the check that had been cashed out.

Without the EAD receipt, can we get a iEAD card? If not, does that means my wife needs to wait at home after 7/16 if the renew application is still pending?

Thanks,
 
There is some debate if application of EAD renewal is enough to keep working inspite of not having the EAD card in hand if the employee hasn't changed jobs. The majority opinion is that it should be okay (Murth etc.), the new EAD that you get is back dated so you are always legal to work. On the other hand it is always better to get iEAD. Since you have already been waiting for so long. What you can do is go to the INS office with WAC number and A# and try to get the IIO in giving you an iEAD card. Shouldn't be that difficult if you have proper identification and if you explain you never received your receipt!

Check this FAQ Thread for futher documentation etc. required for iEAD

http://www.immigrationportal.com/showthread.php?s=&postid=473522#post473522
 
Originally posted by 140_takes_4ever
There is some debate if application of EAD renewal is enough to keep working inspite of not having the EAD card in hand if the employee hasn't changed jobs. The majority opinion is that it should be okay (Murth etc.), the new EAD that you get is back dated so you are always legal to work.
Click to expand...

Murthy is against it http://www.murthy.com/chat1021.html
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Chat User : Hi, Ms. Murthy. Is it legal to work with the receipt notice of an EAD renewal or should one wait to get the actual EAD card?

Attorney Murthy : According to the INS laws and regulations, one should wait for the actual EAD to arrive. Of course, we have heard that when folks call the INS, they are told that they can start working once the EAD extension has been filed. That is incorrect information given out by the INS. Unfortunately, it is very common, but the law often will not protect a person for relying on incorrect advice given by the government since it is not the government's job to protect you or to give accurate legal advice! Please also note that the new EAD would ordinarily have a starting date as of expiration of the prior one, to cover any gap.
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And EAD is not backdated from CSC :(
 
Tasse,

She changed her opinion then, I can post another chat of hers in which she actually encouraged working on renewal notice if the person was currently working on EAD with the same company and hadn't changed jobs, thanks to the back dating of EAD's. Which she mentions even in the current post of yours.

Though we have cases where this practice of issuing back dated EAD's is no longer the rule!

Regardless, with reference to my earlier post on this, I was just using the reference to draw light on both sides of the coins and I did advice impatient_one to go for iEAD!
 
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