EAD Confusion

G

GreatCard

New Member
Hello All,
I have very confusing situation with the renewal of my EAD. Please help me with your thoughts and ideas. I would really appreciate your help.

Here is the problem:

My first EAD expired as of 03/26/2004.

I RD for EAD renewal was 12/29/2003 (Online). After applying online I went to the local ASC office and got the photo taken and finger printing done.

So, after 91 days, on 03/30/2004, I went to the local office and told them that its been more than 90 days since the RD. They said o.k. and took my finger printing and a photo (again) and told me that EAD will come via mail. I expected them to give me the EAD then and there. But they didn't. I thought may be thats how it is here. I asked them "Can I continue to work?". The lady who processed my EAD said "Yes, you can". But they signed my receipt notice with rubber stamp.

So, I was waiting for EAD to come by mail. I didn't get for another 2 weeks. So I went to the local office again and asked them "what happened". They said "We don't know. Go to Chicago District office. We just process the case and send to them. They are the ones who issue the card". I started worrying. So, the following day I went to Chicago office and they processed my renewal form again and gave me a IEAD. But the problem is the from date shows the day I went to Chicago office. There is a gap of 12 days.

What would happen if I had continued work during that period?

Please give me your valuable thoughts. I would appreciate it.

Thanks
GREATCARD
 
Last edited by a moderator:
Hi

You should be fine if you work out with your Employer
Say you had work during that 12 days. Ask your Employer not tgenerate a payroll for that period, and instead adjust those 12 days in next Payroll.
The only way someone can prove that you worked is thru Payroll. So make sure with your Employer HR Dept that you rae not getting paid during those 12 days and adjust it during next period

Thanks
 
Thanks Very much GC_KA_CHAKKAR.

A lot of people seem to have looked at my case and you are the only one replied. Thanks again. I'll see what I can do.

I'm still waiting to hear from some more people.

Thanks
 
Spoke to mylawyer yesterday.

He told me that he will back up if there is any issue. AS per him, IEAD is not required if one has filed for a case before 90 days. and USCIS is responsible for the daley and not the requester.

He says it is legal to work.
 
I am not sure if the lawyer is correct. You need valid EAD to work. So even if it is issued/mailed later- it must have the validity of an old date- for you to be able to work. If that does not happen you can not work.
HTH
 
Thanks STK02118 & sb_tiger. I appreciate your thoughts.

STK02118, I spoke my lawyer also. And she expressed the similar opinion. But she also said 'Its always safe to have avoided this situation. But it may not be the top most issue in GC processing'.

Also, I happened notice the I-9 form instructions on page 1. See below. So, in my opinion, I think it is o.k. to submit the receipt notice and then submit the iEAD/EAD once you receive it.

.......
......
Employers must complete Section 2 by examining evidence of
identity and employment eligibility within three (3) business
days of the date employment begins. If employees are
authorized to work, but are unable to present the required
document(s) within three business days, they must present a
receipt for the application of the document(s) within three
business days and the actual document(s) within ninety (90)
days. However, if employers hire individuals for a duration of
less than three business days, Section 2 must be completed at
the time employment begins. Employers must record: 1)
document title; 2) issuing authority; 3) document number, 4)
expiration date, if any; and 5) the date employment begins.
Employers must sign and date the certification. Employees
must present original documents. Employers may, but are not
required to, photocopy the document(s) presented. These
photocopies may only be used for the verification process and
must be retained with the I-9. However, employers are still
responsible for completing the I-9.
.......
.......
 
Thanks to all.

San_1, thanks for link. It was very useful, but long, link.

I'm going to go with 'Don't fix it if it is not broken' philosophy.

Thanks to all again.
 
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