Ead Expired In April And Applied For New One In March, Can I Work Without Having New Ead.
- Thread starter PREMA
- Start date
No Title
Prema,
As long as you have applied for EAD renewal in time you should be fine. But I know there were discussions of people who got the renewal just in a day. They went to the ASC for getting the EAD renewed..
Please read the messages in archives. There were some discussions on this though I don\'t remember the date.
Prema,
As long as you have applied for EAD renewal in time you should be fine. But I know there were discussions of people who got the renewal just in a day. They went to the ASC for getting the EAD renewed..
Please read the messages in archives. There were some discussions on this though I don\'t remember the date.
No Title
I had similar situation before, luckily, the renewed EAD got approved before the old one expired. According to my attorney, I can not work with the expired EAD if the renewal hasn\'t been approved. Though INS might renew your EAD starting from the first day after the old one expires, attorney suggested not to take that chance. It could spell trouble for status. I think it\'s better to make sure the EAD is approved, another solution is to try to renew at local ASC in person. However, if your renewal application is within 90 days, the ASC can reject your renewal.
Hope it helps.
I had similar situation before, luckily, the renewed EAD got approved before the old one expired. According to my attorney, I can not work with the expired EAD if the renewal hasn\'t been approved. Though INS might renew your EAD starting from the first day after the old one expires, attorney suggested not to take that chance. It could spell trouble for status. I think it\'s better to make sure the EAD is approved, another solution is to try to renew at local ASC in person. However, if your renewal application is within 90 days, the ASC can reject your renewal.
Hope it helps.
Bhanu Kuchibhotla
Registered Users (C)
No Title
Hello, here\'s my view:
Technically when you use your EAD, the employer (if different from the GC sponsor) will have you fill out I-9 form. This I-9 form has details about the validity dates. Once the validity period end date has passed, the employer may elect to not pay or let you not work until you show proof of further work authorization covering the dates you want to work and get paid. However, according to EAD rules, once you have applied, you can work but there is grey area whether you can be paid during that time until you get a EAD card in hand. To be on the safe side, I suggest that you may work but differ getting paid until you get the EAD card in hand to not take chances about the grey area. Also, some employers will not let you work as well (or some damn desi companies may say, you should work as unpaid
) because they want to be in compliance about the validity dates..
Bhanu
Hello, here\'s my view:
Technically when you use your EAD, the employer (if different from the GC sponsor) will have you fill out I-9 form. This I-9 form has details about the validity dates. Once the validity period end date has passed, the employer may elect to not pay or let you not work until you show proof of further work authorization covering the dates you want to work and get paid. However, according to EAD rules, once you have applied, you can work but there is grey area whether you can be paid during that time until you get a EAD card in hand. To be on the safe side, I suggest that you may work but differ getting paid until you get the EAD card in hand to not take chances about the grey area. Also, some employers will not let you work as well (or some damn desi companies may say, you should work as unpaid
) because they want to be in compliance about the validity dates..Bhanu
485-Pending
Registered Users (C)
No Title
Yes I agree. By law the employer is suppose to verify eligibility of the employment status. This is done by filling out form I-9. You have to provide a copy of your EAD to show proof that you are eligible to work. Obvioulsy the EAD will have an expiry date and hence based on this you are technically not suppose to work after the date of expiry until a renewed EAD is obtained.
So the best bet is continue employment and not get paid as suggested on this board.
By the way Bhanu (and others), do you know how many days in advance can you apply for the renewal of the EAD. I have heard that INS will not accept applications prior to 90 days of the expiration date? Any thoughts?
TIA
Yes I agree. By law the employer is suppose to verify eligibility of the employment status. This is done by filling out form I-9. You have to provide a copy of your EAD to show proof that you are eligible to work. Obvioulsy the EAD will have an expiry date and hence based on this you are technically not suppose to work after the date of expiry until a renewed EAD is obtained.
So the best bet is continue employment and not get paid as suggested on this board.
By the way Bhanu (and others), do you know how many days in advance can you apply for the renewal of the EAD. I have heard that INS will not accept applications prior to 90 days of the expiration date? Any thoughts?
TIA
Bhanu Kuchibhotla
Registered Users (C)
No Title
Hello,
Contrary to what you think, INS regulates that EAD renewals prior to 90 days of the expiry of the EAD card at the local Application Service Centers (or local field offices). If you have less than 90 days left, chances are that you will have to go through the Service Centers (which are the 4 monstrous center where all of our application linger for ages).
Hope this helps.
BK
Hello,
Contrary to what you think, INS regulates that EAD renewals prior to 90 days of the expiry of the EAD card at the local Application Service Centers (or local field offices). If you have less than 90 days left, chances are that you will have to go through the Service Centers (which are the 4 monstrous center where all of our application linger for ages).
Hope this helps.
BK
No Title
If your H1 visa is still valid and if you have not filled out & submitted an I-9 form to notify your company about your change in status from H1 to EAD, then its not a problem. Also if you have travelled abroad and returned, you should have used your H1 visa to re-enter US.
What I am trying to get at here, is that if you have still maintained your non-immigrant H1B status despite applying for I-485 then its not a problem if your EAD has expired. You can continue to live and work in the US by using your H1. Just by applying and having an EAD & AP does not change your non-immigrant status. You give up your non-immigrant status by either using your EAD to work by filling out a new I-9 with your current employer, OR if you moonlight with another employer using your EAD OR if you use your AP to re-enter US from your trip abroad.
Hope this helps.
VRK.
If your H1 visa is still valid and if you have not filled out & submitted an I-9 form to notify your company about your change in status from H1 to EAD, then its not a problem. Also if you have travelled abroad and returned, you should have used your H1 visa to re-enter US.
What I am trying to get at here, is that if you have still maintained your non-immigrant H1B status despite applying for I-485 then its not a problem if your EAD has expired. You can continue to live and work in the US by using your H1. Just by applying and having an EAD & AP does not change your non-immigrant status. You give up your non-immigrant status by either using your EAD to work by filling out a new I-9 with your current employer, OR if you moonlight with another employer using your EAD OR if you use your AP to re-enter US from your trip abroad.
Hope this helps.
VRK.
shahenshah
Registered Users (C)
No Title
Prema,
Here is my experience on this matter....
My EAD was to expire in Jan 2001. I had sent the EAD renewal to INS VSC in end-Sept 2000. However, I did not receive my renewed EAD even by Feb 2001. When I spoke to my employer\'s legal department, I was given to understand that I am in no trouble, that I would continue to get paid (I was on bench then) and none of this would affect my GC processing. I even have an email from them to this effect. Of course, I did have the receipt to show that I applied for an EAD renewal.
Needless to say, 2 weeks after getting the email, the EAD shows up!!!
Prema,
Here is my experience on this matter....
My EAD was to expire in Jan 2001. I had sent the EAD renewal to INS VSC in end-Sept 2000. However, I did not receive my renewed EAD even by Feb 2001. When I spoke to my employer\'s legal department, I was given to understand that I am in no trouble, that I would continue to get paid (I was on bench then) and none of this would affect my GC processing. I even have an email from them to this effect. Of course, I did have the receipt to show that I applied for an EAD renewal.
Needless to say, 2 weeks after getting the email, the EAD shows up!!!