EAD expiring 12/22/03.....new EAD-RD is 10/31/03...
- Thread starter lovensing
- Start date
Many people got approved after applying for EAD ??lovensing
I was in your situation for my 2nd EAD - it was approved 2-3 days before 1st EAD expired.
I would suggest to wait and see if you get your EAD within 90 days - That's all you can do! And then go to the local office.
One important positive note - They'll postdate or backdate your EAD for it's validity to start from 12/22/2003 - so you won't really be out of status or workig illegally. Goodluck!
I was in your situation for my 2nd EAD - it was approved 2-3 days before 1st EAD expired.
I would suggest to wait and see if you get your EAD within 90 days - That's all you can do! And then go to the local office.
One important positive note - They'll postdate or backdate your EAD for it's validity to start from 12/22/2003 - so you won't really be out of status or workig illegally. Goodluck!
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Dreamcometrue
Registered Users (C)
vidongre,
"One important positive note - They'll postdate or backdate your EAD for it's validity to start from 12/22/2003 - so you won't really be out of status or workig illegally."
Does it mean that we can work during the pending period because retroactive of the valid date?
venky73,
Can we appy iEAD again while pending of previous paper applicaton? Thanks.
"One important positive note - They'll postdate or backdate your EAD for it's validity to start from 12/22/2003 - so you won't really be out of status or workig illegally."
Does it mean that we can work during the pending period because retroactive of the valid date?
venky73,
Can we appy iEAD again while pending of previous paper applicaton? Thanks.
Lovensing,
If you donot get your EAD before 12/22/03, officially you cannot work nor can you use your paid vacation, best thing would be to inform your company explain your situation, and ask them to pay you later when you get your EAD. If you get your EAD by this month end, you should be fine as vindgore has mentioned normally EAD is either postdated or back dated. Otherwise just wait for your EAD, and also hopefully your EAD renewal might trigger your 485 approval
Your company should be able to handle this.
All the best
Sanjay
If you donot get your EAD before 12/22/03, officially you cannot work nor can you use your paid vacation, best thing would be to inform your company explain your situation, and ask them to pay you later when you get your EAD. If you get your EAD by this month end, you should be fine as vindgore has mentioned normally EAD is either postdated or back dated. Otherwise just wait for your EAD, and also hopefully your EAD renewal might trigger your 485 approval
Your company should be able to handle this.
All the best
Sanjay
Do not worry as I have been through similar fashion. My H1B expired August 1st, 2003 and applied for EAD on June 16th, 2003. I went to the BCIS office after 90 days and found out that right on the 90th day, a RFE was issued on the EAD. Waited 10 days for RFE to show up and replied to RFE asap. My Green card got approved on November 19th 2003 and stamping on passport done on December 3rd. On December 1st, 2003, I found out that my EAD got approved (i guess no need for that). My lawyer assured me that I am safe in this scenario (he sent me the law in print). First being in AOS, secondly, one can have an unauthorized employment while AOS for 180 days and since 90 days is the EAD cutoff, getting an interim card after 90 days is still safe. Nevertheless, talk to your lawyer also.
Don't worry
lovensing, One of my colleague has the similar situations. Our lawyer (We work for a vey big company and we have strict immigration laws) said it was fine, and she could work after her EAD expires because EAD is issued back to back. Also after sometime she got the renewed EAD and later her 485 got approved without any RFE. But EAD renewal is going to take lot of time, I think for ur date it would be at least 3-4 months, but u can always take an interim EAD after 90 days from EAD RD.
lovensing, One of my colleague has the similar situations. Our lawyer (We work for a vey big company and we have strict immigration laws) said it was fine, and she could work after her EAD expires because EAD is issued back to back. Also after sometime she got the renewed EAD and later her 485 got approved without any RFE. But EAD renewal is going to take lot of time, I think for ur date it would be at least 3-4 months, but u can always take an interim EAD after 90 days from EAD RD.
I can send you the law by scanning the page that my lawyer sent me when I go home tonight. I strongly believe that you would be well between the 180 days if your ead doesnot get approved, cause you can get the interim EAD after 90 days. When I went to the BCIS office to get an interim EAD and found about the RFE, the INS information officer told me that I need to apply for an H1 extension, but my Lawyer said that what the officer told was a common answer to everyone. If you look into my case, my H1 expired 1st of August and EAD did not get approved till 1st of December. That is 4 months having an unauthorize employment but my 485 got approved without any RFE or any question asked. Again, consult your legal friends before, but as per my experience, you can relax (remember 180 days)
dreamcometrue
The postdate/backdate was my experience and I've seen it happening with many other cases. If you think you've good relationship with HR, tell them about this situation - that you can not legally be on their payroll if there is a gap in the validity dates.
You've to anyway wait till you see your renewed card to see the validity dates. I would suggest continue working and see what the renewed EAD says. If there is a gap, talk to your HR and see what they say.
The postdate/backdate was my experience and I've seen it happening with many other cases. If you think you've good relationship with HR, tell them about this situation - that you can not legally be on their payroll if there is a gap in the validity dates.
You've to anyway wait till you see your renewed card to see the validity dates. I would suggest continue working and see what the renewed EAD says. If there is a gap, talk to your HR and see what they say.
thank you all
USA..wont let you stay with peace....& at the same token our people (family) wont let you come back home….
Even if we want to go back.... we've nothing got left in the pocket....
Take care all.... & wish you happy holidays & prosperous New Year
Kumar
USA..wont let you stay with peace....& at the same token our people (family) wont let you come back home….
Even if we want to go back.... we've nothing got left in the pocket....
Take care all.... & wish you happy holidays & prosperous New Year
Kumar