EAD expires please help.

saira hakeem

Registered Users (C)
My EAD expires on 17th of this month and I applied for renewal last week.Can I work after 17th.I am sure since its only one week since i applied i will not get ny new EAD soon.My H1 is expiring on 31 st of this month.I am applying for renewal of H1 too.can I do so and I used my advance parole too.Please please respond if i can work after 17th when my Ead expires though i applied for renewal.
 
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Since you have already used advance parole, your H1 is invalid now. Trying to renew it seems to be a waste to me. You are working on EAD. According to INS, you are not supposed to work after your EAD expires and before you get new EAD. However, you are not out of status after your EAD expires because you have a 485 pending. I was in a similar situation and called VSC 3 times and spoke to three different IIOs. Everyone said the same thing. They said I can take a leave of absence and start working after hearing about the approval. Fortunately, I did not have to take many days off after my first EAD expired. 3 days after the expiry, I got the renewal approved. This should be a lesson to anybody who is taking EAD lightly. Guys apply atleast 3 months in advance if you do not want to suffer.
 
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It is taking more than 3 months now to get your EAD approved. Actually it is taking 4 months. So Guys apply for EAD atleast 4 months in advance.
 
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Is hearing EAD approval enough for you to start working again? Do you need to wait until physically receiving the EAD card? Thank you.
 
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Does it tkae same time for EAD renewal also. I\'ve just applied for EAD renewal and can you please let me know how long it takes to renew
 
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Form I-9 says that you can show teh receipt to the employer if you don\'t hav ethe card and show the card within 90 days.

It seems to me that you don\'t need to have the card as long as you have receipt. Please check the I-9 instruction and give your feedback.
 
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As far as I know, most of the local INS offices do EAD if you have applied with your service center (VSC in your case) and if you do not get it in 90 days. But normally, they do not entertain fresh EAD cards applicatoins or renewals if you have not waited with service center for atleast 90 days. Findout about your location from here:
"http://www.ins.usdoj.gov/graphics/fieldoffices/alphaa.htm" Click on your local office and read "About Us." link somewhere in that page. The safest approache I can think of now, is apply for your EAD with VSC and also renew your H1 just in case if you do not get your EAD in time, you can atleast continue on H1. You may end up spending extra $100 or so but it is worth it.
 
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Hearing about approval should be enough. I have a friend who changed job with only receipt notice and approval message on AVM.
 
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jjsni is correct, the form I9 which is a eligibility for employment form, this is used by the employer to document the authorization of work by the employee, the employer is supposed to record the documents to show employee\'s eligilbility to work, in that form it clearly that if the employee does not have the proof of eligibility within three days of employment, he/she should show that it was applied for and the receipt of the application of such is enough to continue employment, and within 90 days he should show the actual document. This should clear all the questions about whether one can work or not while pending EAD\'s. If you do not have a receipt then you have to take leave of absence, you are not out of status but your eligibility to work document is not available and therefore an employer may terminate your employment becuase the employer can be in trouble for this not employee.

If you want to see an I9 form go to www.shusterman.com then on the left frame look for Forms ( its alphabetically arranged so you can find it quickly) and then click on immigration forms and I9 you can open that up in acrobat editor and have fun.
 
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This is not true I applied SIX MONTH IN ADVANCE AND WAS APPROVED FOR ONE YEAR FROM EXPIRATION DATE...You CANNOT apply MORE THAN SIX MONTH IN ADVANCE.
 
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