EAD expires in 3 weeks - PLS HELP!
- Thread starter 102901
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Re:
Thanks for your reply. I am on EAD card now - I changed my job after 180 days of filing I-485. My company is very strict on immigration issues. If I can't work until the new EAD card is approved, what is my status between current EAD card expire and new EAD approved? Am I out of status? Will this employment gap impact my green card approval?
Thanks again for your insight!
Thanks for your reply. I am on EAD card now - I changed my job after 180 days of filing I-485. My company is very strict on immigration issues. If I can't work until the new EAD card is approved, what is my status between current EAD card expire and new EAD approved? Am I out of status? Will this employment gap impact my green card approval?
Thanks again for your insight!
hoping_for_gc
Registered Users (C)
You are not out of status, since your 485 is still pending, but you definitely cannot work until your time your EAD is approved, since EAD is basically your work authorization permit...
i feel your pain
My ead expired today. And i am still waiting for the renewal. (Got an rfe for photographs).
But my company has been very nice about the whole thing(Big Fortune 500) they have put me on unpaid leave till my ead renewalcomes. Their lawyer advised that as soon as i see my approval on website i can join work again and not wait for the physical card.
My advise is talk to your HR and be upfront about it. But in no case work even for a day once your ead expires. Hopefully you still have three weeks and the approval would come through before that
My ead expired today. And i am still waiting for the renewal. (Got an rfe for photographs).
But my company has been very nice about the whole thing(Big Fortune 500) they have put me on unpaid leave till my ead renewalcomes. Their lawyer advised that as soon as i see my approval on website i can join work again and not wait for the physical card.
My advise is talk to your HR and be upfront about it. But in no case work even for a day once your ead expires. Hopefully you still have three weeks and the approval would come through before that
About continuous employment, my HR person specially clarified that i am on continuous employment.. exept i would not get paid. My job would be counted from the date of hire so the question of gap does not even arise.
Get this clarification from your HR. Ithink you would be OK
Get this clarification from your HR. Ithink you would be OK
Just a FYI...
Your new EAD card will be have a effective date same as the expiration (or exp+1 day) date as yr old card. Eg if yr current EAD expires 12/15 yr new card will have a effective date of 12/16, so there is no GAP. You still have three weeks to do and hopefully u will be fine.
Your new EAD card will be have a effective date same as the expiration (or exp+1 day) date as yr old card. Eg if yr current EAD expires 12/15 yr new card will have a effective date of 12/16, so there is no GAP. You still have three weeks to do and hopefully u will be fine.
180DaysGuy
Registered Users (C)
To gcwait000
HI gcwait000
I am aware of what you are saying and I have seen EAD getting renewed with the dates as you have mentioned in your example.
But I have a particular question:
If one gets the EAD in this manner then why would you term somebody's employment as unauthorized, he/she would have proper dates on the EAD (from the last one to the new one). Why the adamance on having the EAD in hand, to be legal?
Even Murthy says that you need to have it in your hand.. But INS renews it starting from the next day of the expiry of previous one.
HI gcwait000
I am aware of what you are saying and I have seen EAD getting renewed with the dates as you have mentioned in your example.
But I have a particular question:
If one gets the EAD in this manner then why would you term somebody's employment as unauthorized, he/she would have proper dates on the EAD (from the last one to the new one). Why the adamance on having the EAD in hand, to be legal?
Even Murthy says that you need to have it in your hand.. But INS renews it starting from the next day of the expiry of previous one.
Extension of EAD
This is taken from www.immihelp.com
*********************
Extension of EAD
It is advisable to apply for your extension more than 90 days before your current EAD card expires because if an EAD extension is not approved within 90 days, it is automatically extended for 240 days, or until a decision is made, whichever comes first.
If it is not extended within 90 days, you can also go to the nearest INS district office and obtain your extension right away.
Procedure for filing the extension of EAD is same as new EAD, except that you should provide the copy of old EAD while renewing it.
***********************
If you have the Recpt. for your EAD renual, you can show this to
your HR and I guess keep working.
Damn-GC
This is taken from www.immihelp.com
*********************
Extension of EAD
It is advisable to apply for your extension more than 90 days before your current EAD card expires because if an EAD extension is not approved within 90 days, it is automatically extended for 240 days, or until a decision is made, whichever comes first.
If it is not extended within 90 days, you can also go to the nearest INS district office and obtain your extension right away.
Procedure for filing the extension of EAD is same as new EAD, except that you should provide the copy of old EAD while renewing it.
***********************
If you have the Recpt. for your EAD renual, you can show this to
your HR and I guess keep working.
Damn-GC
Automatic extension
Damn-GC,
I could not find this clause/rules anywhere (because if an EAD extension is not approved within 90 days, it is automatically extended for 240 days, or until a decision is made, whichever comes first.) except www.Immihelp.com. No employer will accept Automatic Extension for 240 days, specially, my employer (Virginia Tech) didn't accept it.
Probably, this is not a published rules.
Damn-GC,
I could not find this clause/rules anywhere (because if an EAD extension is not approved within 90 days, it is automatically extended for 240 days, or until a decision is made, whichever comes first.) except www.Immihelp.com. No employer will accept Automatic Extension for 240 days, specially, my employer (Virginia Tech) didn't accept it.
Probably, this is not a published rules.
Does this mean we can continue to work or not ?.
From www.murthy.com http://www.murthy.com/UDdatgap.html
--------------------------------------------------------------------------------
EAD Cards Should No Longer Have a Gap in Dates
NSC also confirmed in its meeting with AILA representatives on December 20, 1999 that it will henceforth date Employment Authorization Documents (EADs) so that there is no gap in work authorization, including back-dating the cards as necessary, provided that the I-765 application was filed timely. Timely filing refers to the application having been filed prior to the expiration of the previous EAD card.
This policy of dating EAD cards so that there is no gap in the dates makes sense since it is not practical for most employers to require an employee who applies for extension of the EAD card to discontinue working in the middle of an assignment. Merely back-dating the EAD cards does not mean that the person is legally authorized to work when EAD expires, though back-dating will retroactively cure the problem. INS continues to require the person to have a valid EAD to work, even though the delay in issuing the EAD or extending it may be a delay on the part of INS. In practice, in an enforcement action by the INS, the INS will likely find that both the employer and the employee have acted in good faith if the EAD card extension was filed timely. Also the discrepancies in EAD card processing times among the various INS Service Centers are considerable.
Even though back-dating the EAD card so that there is no gap in the dates will not afford full protection to the employer or the employee, the Law Office of Sheela Murthy is pleased with this practical and consistent interpretation of NSC in back-dating EAD cards, since many local INS offices have had a similar policy in place for quite some time.
From www.murthy.com http://www.murthy.com/UDdatgap.html
--------------------------------------------------------------------------------
EAD Cards Should No Longer Have a Gap in Dates
NSC also confirmed in its meeting with AILA representatives on December 20, 1999 that it will henceforth date Employment Authorization Documents (EADs) so that there is no gap in work authorization, including back-dating the cards as necessary, provided that the I-765 application was filed timely. Timely filing refers to the application having been filed prior to the expiration of the previous EAD card.
This policy of dating EAD cards so that there is no gap in the dates makes sense since it is not practical for most employers to require an employee who applies for extension of the EAD card to discontinue working in the middle of an assignment. Merely back-dating the EAD cards does not mean that the person is legally authorized to work when EAD expires, though back-dating will retroactively cure the problem. INS continues to require the person to have a valid EAD to work, even though the delay in issuing the EAD or extending it may be a delay on the part of INS. In practice, in an enforcement action by the INS, the INS will likely find that both the employer and the employee have acted in good faith if the EAD card extension was filed timely. Also the discrepancies in EAD card processing times among the various INS Service Centers are considerable.
Even though back-dating the EAD card so that there is no gap in the dates will not afford full protection to the employer or the employee, the Law Office of Sheela Murthy is pleased with this practical and consistent interpretation of NSC in back-dating EAD cards, since many local INS offices have had a similar policy in place for quite some time.
Talk to ur lawyer, I had asked my lawyer this as a "what if"
He said that it is a techinical problem and can be handled without problem and that I can continue to work because the new EAD will have a date starting from the end date of the old one..
you should be OK, but talk to ur lawyer.
He said that it is a techinical problem and can be handled without problem and that I can continue to work because the new EAD will have a date starting from the end date of the old one..
you should be OK, but talk to ur lawyer.
EAD back date and employment gap
I understand that the new EAD will start the date after the old EAD expires even if the new EAD is approved way after the old one expires, say two weeks. I can't work during that two weeks per the immigration law, right? If I get a RFE and is asked for continuous employment letter or last 6 month paystubs, I wouldn't be able to provide because I am out of work for two weeks. Will INS consider my two weeks out of work as continuous employment or an employment gap?
Thanks for your insight!!!
I understand that the new EAD will start the date after the old EAD expires even if the new EAD is approved way after the old one expires, say two weeks. I can't work during that two weeks per the immigration law, right? If I get a RFE and is asked for continuous employment letter or last 6 month paystubs, I wouldn't be able to provide because I am out of work for two weeks. Will INS consider my two weeks out of work as continuous employment or an employment gap?
Thanks for your insight!!!
Re: To gcwait000
I am not sure of the technicalities but I would guess that u can get in trouble if they deny the extension.
As long as u have the receipt from INS and EAD is renewed w/o any gaps u should be OK...but again this is my personal opinion and yr lawyer will/may say otherwise.
I am not sure of the technicalities but I would guess that u can get in trouble if they deny the extension.
As long as u have the receipt from INS and EAD is renewed w/o any gaps u should be OK...but again this is my personal opinion and yr lawyer will/may say otherwise.