EAD Expired 7 days before GC approval

A

Avalon

Registered Users (C)
My GC got approved 7 days after my EAD expired. Meanchile, I was working on my regular job.

1. Was I out of status between EAD expiration and GC approval?
2. Was my work during this interim period a problem?

Thanks.
 
1) No. If your H1b was also expired, then you were in AOS-Pending status, even before your EAD expired.

2) Technically...It might be, since you worked without permission. Since it is such a short time period, you should get a letter from your employer stating that you did NOT work during this period. Its ok if he paid you later for the time perios, since that can be explained as a bonus or something. That way if they notice during your citizenship application that you worked without permission, you can show them the letter stating that in fact you did not work then.
 
I fully agree with curiousGeorge . Just forget it and move fwd with your new life with GC. If ever challanged ( the probability of which is very slim), just tell them you did not expect a payment for the period (7days) that you worked.
 
curiousGeorge is right EAD does not determine your status, just your right to work.

Also note (in my opinion) 485 approval does not determine your right to work. You need the stamp in passport or plastic card to work legally. Gurus, am I right?
 
I used EAD to work. My H period was exhausted. My approval letter came 7 days after the expiry of EAD and I stamped my passpost 6 days after the approval. That means, I was out of permission to work for nearly 13 days.

Possible Solution - If I take a letter from my employer that I di dnto work for that period then that will solve the problem. But how would the USCIS know that I worked during that period? From tax records it is not possible to find. I can ask employer to not pay me for that period, redo their accounting records and pay me later as work over time or bonus or whatever viable.

But the question remains how would they find out?
 
harvydonald

You become resident the day they approve your case and the same date appears on your PP stamp as wella as on GC. Therefore, its not illegal to work between your approval and PP stamping.
 
Avalon said:
But the question remains how would they find out?
Click to expand...

They won't find out, unless they specifically ask you: "Did you ever work inthe United States without authorization from USCIS?" or "Did you work during these 7 days between the time that your EAD ran out, before your GC got approved?" If you answer yes, they may deny your citizenship application on the spot. If you answer no, all they may want to see is proof that you didn't work. If you have the letter from the employer stating that you didn't work, then you're fine. If you don't have the letter, then they may not beleive you, and they would tell you that you broke the law and you worked without authorization, and thus your citizenship application has been denied for this reason.

There's an extremely slim chance that they would even ask this specific question. They would need to notice that your EAD ran out and you didn't have a new EAD before your GC got approved. You can take your chances, that's up to you. Personally I think its just a good idea to have this letter from the employer incase anyone ever asks if you ever worked without authorization, because with out the letter to back up your statement....technically....you did work without authorization.
 
There are two dates on the card. One says - Resident since (date of approval), other says - card expires (ten years from the date card is printed).
 
You must log in or register to reply here.
Top