EAD expiring 6/1, filing for renewal on 5/9

gssrikanth

New Member
Folks -

It was not that I was lazy to do this renewal or anything - but, our lawyer and HR has been a pain/ignorant. I have been bugging them since Christmas and the last serious email & conversation I had was in 3/29 when they said... they will get back to me and not to bug. Our lawyer then went on 3 weeks vacation ( I know he has office and assistants - not sure why he didn't have them do it ) and on 5/2... he makes a call that it is an emergency to file now.

He is filing them tomorrow!

My case is in NSC. NSC is taking around 2 mo's for EAD renewals i.e. it will be around 7/10 that I get my approval.

My concern...
Will I have to be out of payroll?

I've been with this company for last 6 yrs... now, if they have to take me out of payroll and rehire... I will loose all my seniority (it's a corporation where seniority drives lot of benefits) and I don't know what are the implications on my benefits (health insurance etc) for me, my wife and my kid during this period.

Also, will there be any issues with my status as I am out of my H1B and currently on EAD/AP... I-140 is approved in May 2005.

I gathered from one of the threads that... there's a FAX number to explain the situation and request for an interim EAD from local INS office. Can someone help me with that FAX number for NSC?

My company is in San Francisco, CA. My application was originally with CSC but, is now transferred to NSC. Do I have to go to one of NSC offices in NE to get an interim EAD or can I go to one of the INS offices in San Jose / San Francisco Area... please advice... if you know any.

Now, my company HR also realized the mistake and they want to do anything needed... if needed, I can go to NE and get an interim EAD... but, I wonder if it is possible. Please advice if it is possible and what is that FAX number?

regards,
Srikanth
 
Without EAD: you can be on payroll but can't work legally, no interim EADs any more, NSC is taking about 60+ days to approve EAD these days.
Ask you lawyer to pay for the damages as it is clearly his fault.
 
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Hi gssrikanth,

I am in the same boat as you.

To answer your questions
- legally you can not be working without an ead. it is the responsibility of your company to verify your eligibility and hence if caught they will be punished. now, would you want to inform them? i will leave that to you. you don't have to be terminated. if they are willing, you can go for unpaid leave.

- you will lose your medical benefits if you are not being paid a salary. if your company can give you benefits while you are on unpaid leave, it would be possible to get the benefits.

- yes. the only status you will be in when your ead expires, is that you are eligible to stay in us but not eligible to work. if you have a valid ap, you can travel in and out of us without any issue.

- sorry, i have tsc fax number. just like you my case was transferred to tsc from csc. the way i got the fax number is as follows 1) call uscis customer service 2) go through all the ead specific prompts 3) there would be one prompt asking you if you are in an emergency or grave condition 4) select that prompt 5) then the automated system will give you a fax number where you can send your request. NOTE: The reason has to be really genuine. The general reasons won't cut it. They will ask you to wait for 90 days before you can go to infopass.

- you can try going to the local ins office. but they won't give you an interim ead as according to the new law, they can only request the national benefits center to expedite or query about your application.

good luck.
 
Hi gssrikanth,

To answer your questions
- legally you can not be working without an ead. it is the responsibility of your company to verify your eligibility and hence if caught they will be punished. now, would you want to inform them? i will leave that to you. you don't have to be terminated. if they are willing, you can go for unpaid leave.

I have a similar EAD question but it is school related:

Is the EAD card for work only or needed for University too?

If one is in I-485 AOS (as a spouse of the primary applicant of employment based case) and between EAD cards (the old EAD card experied, the new EAD application still pending), can he/she start grad school (as a student) without the EAD card? Is the EAD card needed for starting grad school as a student or is the EAD card for work only and the pending I-485 AOS automatically makes attending US University legal?
 
Last edited by a moderator:
I have a similar EAD question but it is school related:

Is the EAD card for work only or needed for University too?

If one is in I-485 AOS (as a spouse of the primary applicant of employment based case) and between EAD cards (the old EAD card experied, the new EAD application still pending), can he/she start grad school (as a student) without the EAD card? Is the EAD card needed for starting grad school as a student or is the EAD card for work only and the pending I-485 AOS automatically makes attending US University legal?

EAD (employment authorization document) is an eligibility document for work only. It is not am immigration status as such. Your immigration status, for example, could be H1B, permanent resident (if you have gc) or in between (AOS). Since you have a valid pending I485, your status is legal and you can do all those things permissible for a legal resident.
So, to answer your question, yes, he/she can go to school. They will not be able to work though if they don't have a valid ead.
As and when the valid ead card is obtained, he/she can work as well.

Hope this helps.
 
EAD (employment authorization document) is an eligibility document for work only. It is not am immigration status as such. Your immigration status, for example, could be H1B, permanent resident (if you have gc) or in between (AOS). Since you have a valid pending I485, your status is legal and you can do all those things permissible for a legal resident.
So, to answer your question, yes, he/she can go to school. They will not be able to work though if they don't have a valid ead.
As and when the valid ead card is obtained, he/she can work as well.

Hope this helps.

Thanks for the quick reply! Just going to school and not working is ok with us. Then she doesn't need EAD to legally receive fellowship (a type of scholarship - the University pays you money to so you can care of the bills during the study) from the University either, right?
 
Thanks for the quick reply! Just going to school and not working is ok with us. Then she doesn't need EAD to legally receive fellowship (a type of scholarship - the University pays you money to so you can care of the bills during the study) from the University either, right?

I am not absolutely sure about the scholarship disbursements. You might want to check with the admissions department about the actual visa requirements to obtain these funds.
But I would tend to believe that these funds are not the same as employment salaries. So, it should be fine.
But to be absolutely sure, just ask them how they will report those fund disbursements to irs and such.
 
Folks -

It was not that I was lazy to do this renewal or anything - but, our lawyer and HR has been a pain/ignorant. I have been bugging them since Christmas and the last serious email & conversation I had was in 3/29 when they said... they will get back to me and not to bug. Our lawyer then went on 3 weeks vacation ( I know he has office and assistants - not sure why he didn't have them do it ) and on 5/2... he makes a call that it is an emergency to file now.

He is filing them tomorrow!

My case is in NSC. NSC is taking around 2 mo's for EAD renewals i.e. it will be around 7/10 that I get my approval.

My concern...
Will I have to be out of payroll?

I've been with this company for last 6 yrs... now, if they have to take me out of payroll and rehire... I will loose all my seniority (it's a corporation where seniority drives lot of benefits) and I don't know what are the implications on my benefits (health insurance etc) for me, my wife and my kid during this period.

Also, will there be any issues with my status as I am out of my H1B and currently on EAD/AP... I-140 is approved in May 2005.

I gathered from one of the threads that... there's a FAX number to explain the situation and request for an interim EAD from local INS office. Can someone help me with that FAX number for NSC?

My company is in San Francisco, CA. My application was originally with CSC but, is now transferred to NSC. Do I have to go to one of NSC offices in NE to get an interim EAD or can I go to one of the INS offices in San Jose / San Francisco Area... please advice... if you know any.

Now, my company HR also realized the mistake and they want to do anything needed... if needed, I can go to NE and get an interim EAD... but, I wonder if it is possible. Please advice if it is possible and what is that FAX number?



regards,
Srikanth

There is a clause which says If There is financial loss as your company is ready to do any thing , prepare a document what all the loses you will have financially and also as tothe company how much loss could it be if they loose you. Take that document to INS local office that may help. and also request for expedite they should respond with in 3 days if you have time till then. And also if your employer is OK to let you work , there is a section that may save your 485 from 180 days of working with out authrization.

hope some thing will work for you.
 
EAD Expiry & Renewal

My spouse is in similar situation. We called up USCIS customer service. They informed me that if the EAD renewal pending and you have the receipt for application, you are eligible to work.

After some reasearch, I found following:-

M-274 (http://www.uscis.gov/files/nativedocuments/m-274.pdf)

Instruction for Completing Form I-9
(Employment Eligibility Verification Form)


Page 20 (page 22 of pdf) seem to suggest same.
Text reads as follows:-

"Part Eight
Acceptable Documents for verifying Employment Eligibility.

To establish both identity and employment eligibility, a person can present a Passport,

Alien Registration Card, or one of the other documents from List A.

.....

If a person is unable to present the required document(s) within 3 business days of the date employment begins, he or she must present (within 3 business days) a receipt showing that he or she has applied for the document. The person then must present the actual document within 90 days of the date of employment begins. The person must have indicated on or before the time employment began, by having checked an appropriate box in Section 1, the he or she is already eligible to be employed in United States.

List A

* Unexpired Employment Authorization Card (INS Form I-688A)
 
EAD approved

After creating a service request (on July 6th), spouse's EAD is approved on July 7th.
EAD receipt date April 13.
 
service request

After creating a service request (on July 6th), spouse's EAD is approved on July 7th.
EAD receipt date April 13.

Can you please tell me what a service request means? Can you please elaborate on what you did? Many thanks in advance.

qplearn


PS: I have applied for a renewal of my EAD on 6/28 and my current EAD expires on 10/7. I applied 3 months in advance. Last two times, I got my EAD from VSC in two weeks, but this time it is at TSC.
 
After creating a service request (on July 6th), spouse's EAD is approved on July 7th.
EAD receipt date April 13.

Hi, I am also in the same boat.

My EAD renewal is pending at NSC.

Can you please give more details about service request. and also if you have fax the details then what you have written in that.

Thanks in advance.
 
Hi
I applied for EAD renewal on May 21 and my ead is expiring on July end. I sent two times the expedited request to NSC and today EAD LUD updated. Finally they are working on my case I think.
 
Can you please tell me what a service request means? Can you please elaborate on what you did? Many thanks in advance.

qplearn


PS: I have applied for a renewal of my EAD on 6/28 and my current EAD expires on 10/7. I applied 3 months in advance. Last two times, I got my EAD from VSC in two weeks, but this time it is at TSC.

After it is pending for 75 days, call customer service and explain your situation and ask them to create a service request. And collect service request number for later reference. This was what I did.

NSC fax numbers for sending expediate letters are: 402-219-6171/6170/6344
 
After it is pending for 75 days, call customer service and explain your situation and ask them to create a service request. And collect service request number for later reference. This was what I did.

NSC fax numbers for sending expediate letters are: 402-219-6171/6170/6344

Thanks a lot! All the best.

qplearn
 
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