EAD expired..90 days are not over

V

vjshanker

Registered Users (C)
HI guys,

I have small problem..if any body can help me in this..I am working on EAD and it is expiring next week..but my 90 days are not over yet since i apply for my EAD...and CSC taking 120-140 days for EAD...
So what should i do ..if i go to local ins center for Interim EAD...i am sure they will not help me before 90 days...so is it legal to continue my job and wait for 90 days...and then go for Iterim EAD..or any other suggestions..
Thankx in advance..

vijay:rolleyes:
 
You may have to take a leave of absence from work. I submited my renewal 3 weeks before EAD expiration date, and end up staying at home for 10 weeks before the 90 day is due.

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WAC02-046
 
It's illegal to work without valid EAD - will cause probs at the time of green card.

Speak with ur company 1st - if they're willing to give a letter saying that ur job will be terminated if u don't have valid EAD - local BCIS office might give you interim EAD b4 90 days.

Else, continue to work without valid EAD but do not accept any pay stub for the period ur EAD's not valid. Speak with ur company about adjustments to pay later after u get interim EAD or ur EAD's renewed. BCIS can have some probs with back-pay too - so, be careful.

Consult with ur companny's HR & lawyer b4 taking any action.
 
there must be something...

HI evrybody,

There must be something...i can't just take leave for 10 weeks...if i take leave for 10 weeks... company will throw me out..so please any body have any suggestions...i really appreciate your time guys...plz help me here..

thnks in advance
vijay
 
My friend was in a similar situation....he tried getting an iEAD from San Jose center before 90 day period but did'nt work.He spoke to his company and took unpaid vacation. You could check with your employer if they could compensate you later in some way. Worst case scenario is you dont get paid for that duration but your GC is not at jeopardy

Hope this helps.


I am not a lawyer. Consult one for best advice
 
Work without pay..

vjshanker,

I had to go through similar situation last year. Here is what I did.

1) First of all, I am a consultant at client location (not a direct employee). This might work for you if you are a consultant too..

2) I continued to work at client location and submitted timesheets to client

3) Employer billed the client for the hours and got paid, BUT HE DID NOT PAY ME (per my request) As long as your pay is not reported to IRS, there is no means for INS to know that you are working (my guess, please verify with you lawyer)

4) EAD renewal was approved, the effective date on the new EAD was previous EAD's expiration date + 1 DAY (BCIS usually back dates EAD effective date)

5) My employer did back pay for the hours I worked

Good luck and share your experience...:cool:
 
vjshanker,

You cannot work without a valid work status be it EAD, iEAD or H1.

What you can do is :
1. Try going to your local INS center for an early EAD, thay do issue them early in some cases.
2. Take a leave of absence.
3. In case a leave is not possible, try working out a deal with your manager, by going on unpaid leave temporarily, and getting reimbursed with your salary as a bonus.

Note: You cannot get back pay! Since technically you are not supposed to be working while your EAD/iEAD is not in your hand!

Good luck!
 
I would suggest you to consult your lawyer.

I joined a company on EAD and my EAD was expiring after 5-6 months. About 3 months before it's expiry I requested my lawyer to file for renewal of my EAD. He said that if you are in continuous employment then EAD renewal is not necessary.

There is an I-9 form which companies send to INS to check whether the employee's status is legal or not. They do this at the time of employment.

Talk to your lawyer before taking any decision.
 
Originally posted by Totos
There is an I-9 form which companies send to INS to check whether the employee's status is legal or not. They do this at the time of employment.
Click to expand...

No filing with the Bureau of Immigration and Customs Enforcement (ICE) is required for I-9 form. The form must be kept by the employer either for three years after the date of hire or for one year after employment is terminated, whichever is later. The form must be available for inspection by the authorized U.S. Government officials (i.e., ICE, Department of Labor).
 
my 2 cents

Before going to a local office by yourself, talk to your company's HR and tell them that you really need the early EAD. This is really your company's interest, too.

I was in a similar situation last year and talked to HR.
She asked me what kind of projects I was working on at that time, and told me that I might need to go to a local INS office with a lawyer to get an emergency EAD. She said they (or the lawyer) would tell an officer that it was a big loss for an American company to put me out of work for a month.

It turned out I didn't need to do this. Just better than unprepared.

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This is not a legal advice. Talk to your lawyer before making any action
 
thanks for sugestion...still holding h1

Thankx everybody for suggestions...I am still holding valid H1 visa from different company...is it still i need to go through all the above pain...Any suggestion..i will try to consult my lawyer...

rgds
vijay
 
i got the link to the INS memo/FAQ related to traveling on H1 or AP when AOS is pending at some site. link is below:

http://www.jackson-hertogs.com/JH/faq/ins-trav.htm

So what do u guys think?
If I have a valid H1 visa (valid for next 2 years) and an AP also, and If I travel to India, What should i use to re enter US? It seems that the memo says that it is safe to re enter on a valid H1.


Reg.
 
I found another interesting memo regarding abandonment of AOS while traveling on H1 if you dont present the AOS receipt while entering.::
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http://www.jackson-hertogs.com/JH/memos/8000.htm
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Is advance parole still required for all applicants for permanent resident status?

No. If the applicant is in valid H or L status and continues to maintain that status, he/she can travel using H or L visa stamps in the passport. Please note that “maintaining nonimmigrant status” means that the employee continues to work for the sponsoring employer and does not work for any other employer (by using an approved EAD). Expired or expiring H or L visa stamps can be revalidated, if necessary, in most situations. Since the current processing times for advance parole applications are approximately 60-90 days, an adjustment applicant who is maintaining valid H or L status can normally travel abroad more quickly than if he/she had to wait for the advance parole document to be issued. Please note that, in addition to presenting a valid H or L visa at the time of entry, the applicant must also present the original Form I-485 AOS fee receipt; failure to do so constitutes abandonment of the AOS application
 
canttakemore,

No problem if you travel on H1 instead of AP, just make sure when you are at the immigration counter, you show the officer your ORIGINAL 485 receipt.

Hopefully things go as they should and your AOS is not marked as abandonment. If you have no pressing need to enter on H1, then you might consider entering on AP, which while introducing its own set of rules, avoids the earlier stated problem.

Good luck!
 
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