EAD expires soon. Can I still work?

Z

zoelee

Registered Users (C)
Hi all,

My family based application was filed June 05. My current EAD expires on Sept 1 06. Filed renewal and received on August 03, 06. Just got a finger print notice scheduled on August 31.

Question: If I don't get my new EAD card by Sept 01 06, can I still work? Saw some postings suggesting not work until approved, but not sure if it's the same case for family based.

Thanks!

zoe
 
Once your EAD expires you are no longer employement authorized. However it is up to your employer to check if you are employment authorized, so I wouldn't volunteer any information about your EAD expiring to your work if I were you, you might get away with it. However if the USCIS picks up that you have been working illegally, it might affect your case, but probably not. Do you know what the hold up is with your case?

BTW In future you are really advised to apply for EAD at least 90 days before the current one expires.
 
Thanks for your reply dr. I submitted my gc application june 05 through the pilot program in dallas. Had interview the same day, fp done within a month frame, got my EAD and AP sept 05. Pending since then. My attorney suspects I'm stuck at security clearance/background check.

Since I got my EAD and AP by infopass last time, I was still under the impression that I could go to the local office and get them on spot. But the day I showed up they told me I have to mail them in. My attorney didn't say a word about renewing my EAD/AP. Leave alone three months ahead. When I called to inquire, all they told me was they have to charge extra.

Anyway, say if I choose not to say a word, and get my new EAD a month later, which means I have worked illegally for one month. How does that affect my case? Will INS compare notes with IRS? Otherwise how can they find out?

Please advice.

Zoe
 
zoelee said:
Anyway, say if I choose not to say a word, and get my new EAD a month later, which means I have worked illegally for one month. How does that affect my case? Will INS compare notes with IRS? Otherwise how can they find out?
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I honestly don't know. However I do know that the onus to ensure that you are legally working is on your employer, not you.

As you have an attorney, perhaps this question should be posed to him.
 
Just a note from my side.
When I renew my EAD the new dates on my EAD was from the day my old EAD was expiring till the next year. So even if I apply earlier, I got my new dates from the day my old one was expiring. I have read a case here, if I am not mistaking that was from EricneesGC. He applied late for renewal but when he got his EAD it was from the day the old one was expiring. So he was covered and did not had any gap.
 
a follow up question

Say, if I decide to be safe and take a leave of absence from sept 1. But there is no way I can foresee when my EAD will be approved, is there? What should I tell my boss? Anywhere between 1 to 3 months? How can I say it to make it sound more acceptable? or, in another word, to make he feels liek there is no need to consider hiring another person?

Also, I've got my FP scheduled on Auguest 31. Can anybody make an educated guess as how much longer it'll take from this point on to the final approval of EAD?
 
EADs are taking about 80 days right now on average. That's as good a guess as you're going to get from anywhere I think.
 
EAd question

hi guys :
Please share your recent EAd expereince , as most of you aware USCIS has stoped issuing EAd at local offices, my case I-485 is pending from last 2 years for background check, I use to renew EAD at local office, this time I got shcok of my life when got to know local office no longer isue EAd so applied EAD just 2 weeks before current one expires, I revied recipt and than FP appoitment notice on OCt 8 ,2006(eAD RENEW APPLIED ON sEP 22 ,2006), SO FAR SAYS CASE PENDING NEED TO WAIT NINTY DAYS. Has any one recently E filed ead and revied one from ,can you please specify time frame, will appreciate that. They say no need to send suporting docs on recipt but I sent them any how, my EAD is expired talked to a lawyer and he said if your employer doesnt ask for it keep on working, also I went to local INS office and the immigration officer said the same thing.
Does any one reenew EAd and worked on expired EAd than recive EAD, what are the dates on new EAD ?please reply .Thx
 
My EAD expires 12/15. Unfortunately I only filed for the new one on 10/31 as some idiot on the helpline told me my GC had been approved so I was sat around waiting for it to arrive when I should have been applying for a new EAD.

I had fingerprints done 11/28 so now I can only wait. One piece of advice I would give to others with a short timeframe is to go to the fingerprinting office as soon as you get the appt letter. Apparently they will generally fingerprint you earlier which can speed up your case.

My employer has advised me to take a leave of absence if it doesn't come. Its true that the onus is on them and that if they don't ask then you can keep working. However I would think about how important your job is to you because if CIS busts your employer over you working on an expired card that probably won't help your career path much.
 
Thx

thank Jimothy, I really appreciate your reply, DID u E file your EAD? FYI my application for I-485 was done in July 2003, after than i moved to reno did medical in aug2004 and interview, after that fbi background check..it is crazy and frustrating. DID u sent any supporting docs? please keep me posted any updates, my on line status says only they have recived my application and sent me notice how they will handle the case, does your case status change after u appear for bio metrics? Thx again.
 
E filed EAD

Hi Zolee :
well i am in similar siatuation family based I -485 pending from last 3 years , I applied one motnh ago for renew ead, can you please share your experinece with dates how much tiem to get EAD, for me I applied for renew on sepp 22 ,got recipt notice and FP appoiuntment ,FP dont on Oct ,8,2006. After that nothing.please tell me how was your experience?
 
Yes, I e-filed my EAD. My receipt date is 10/31 and online it shows the last contact with my file was 11/8. I sent some supporting evidence with my application. I don't have my file with me here but I think it was the photos, copy of the previous EAD, and copy of I94. I'll look tonight and let you know for sure.

My online status has not changed yet after biometrics, mine were done one week ago today. Have you received your new EAD yet? Based on the processing times on the USCIS site you should be a week away at most. If you haven't got yours it means I have at least a month to wait which is going to be a nightmare.
 
EAD E file

Hi jimothu : your case is very similar to mine me to almost 24 months still pending background check, did u send supporting docs cause it was asked or you just sent them, for me when i E filed they say dont send any docs, I anyhow sent it, but not photos , they sent me an appointment for biometrics which I finshed will post update whenever i get my EAD.
 
I have my receipt in front of me now. It says in the next steps section

"Send supporting documentation to the address below, if required.
For information on required supporting documentation for this application see the BCIS form instructions"

It gives a link which is no good but in the paper form I-765 instructions Part 3. Required documentation it says

" a copy of I94, a copy of last EAD, and two passport style color photos"

It actually also says in Part 2. that you should send evidence of having filed I-485 which I didn't do. Great, now I'm in a panic again.
 
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