EAD expiring in <90 days of renewal application.. Pl help

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ajn007

Registered Users (C)
Hi Everybody,

Please help !!!

I have my EAD based on L-2 visa holder. My current ead is expiring on Feb 28th. My husband's employer delayed the petition renewal till 31st Dec 2002 for his L-1visa and so I got late in filing the renewal application and now I am ......stuck. :( My EAD renewal application receipt notice is dated Jan 17th 2003.

(1)Can I work just on basis of receipt notice ? In some places I have read that you can continue working with receipt notice as long as you are working with the same employer. Is it true ? Some threads I have read, say that the renewal EAD issued is usually back dated. Meaning that if my last EAD expires on 28th Feb and my application is submitted in advance before the renewal then the new EAD issued will be valid from 1st March. There is also a mention that issuance date and validity date are not necessarily same. Is this correct ?

Or (2)Do I need iEAD to work until I get the EAD card itself ? If yes, then since iEAD usually needs 90 days, do I need to stop working and wait till 90 days are complete and then apply for iEAD or I can apply for iEAD earlier than 90 days.

Or (3)Is there any other way I can continue my employment while the renewal application is in process. :confused:

Thanks..
 
????

Everything is very confusing regarding IEAD... If you are in SAN JOSE area then the probability of getting IEAD at SJC office is far greater than at SFO..

:)
 
(1)Can I work just on basis of receipt notice ? In some places I have read that you can continue working with receipt notice as long as you are working with the same employer. Is it true ? Some threads I have read, say that the renewal EAD issued is usually back dated. Meaning that if my last EAD expires on 28th Feb and my application is submitted in advance before the renewal then the new EAD issued will be valid from 1st March. There is also a mention that issuance date and validity date are not necessarily same. Is this correct ?
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Technically you should be okay as long as you don't change employers. You cannot start work on your renewal receipt notice, but you should be okay to keep working on your present job.
Or (2)Do I need iEAD to work until I get the EAD card itself ? If yes, then since iEAD usually needs 90 days, do I need to stop working and wait till 90 days are complete and then apply for iEAD or I can apply for iEAD earlier than 90 days.
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It is always better to have an EAD at all times, if you can apply for an iEAD, go ahead and get it. It is usually valid for 7-8 months. You can use this iEAD to start a new job, work 2 jobs etc. As TajIndia mentioned, if you fall under the San Jose INS dept, you stand a better chance of getting an iEAD before 90 days are up, but if you fall under SFO it is that much tougher.

Or (3)Is there any other way I can continue my employment while the renewal application is in process. :confused:
Thanks..
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I suggest you contact your immigration lawyer and ask him for clarification on point 1 above. If you search some of the conversations on this topic earlier, you will actually find some links that you can refer your lawyer too for further clarification.

Good luck.
 
Thanks 140_takes_4ever and Tajindia

I am going to speak to my lawyer tomorrow on suggestion 1. Any specfic document postings if you can point links to will also be very very helpful.

I am in East bay so SFO is my INS center - the tough choice - can't help.
 
ajn007,

Uggh I just did a search on that old thread for someone just recently, would hate to do it again unless you just can't find it. Can you please give it a shot? If you can't find it then post here again or send me a pm I will look for those threads and send you a link.

Or you could check with SillyMan, he is keeps track of these important FAQ'ish threads.
 
Gurus please please help....

My EAD expires tomorrow. And my lawyer is saying he is not ok with me working just on the Renewal EAD application receipt. I gave a reference of the points you guys told but he disapproves of it.

And my contracting agency.. They are saying if you do not get an EAD card they will terminate the employment...


Please please give me suggestions what should I do ?????

:confused: :confused: :confused:



WAC-03-085-5****
RD : 1-17-2003
 
I think all you can do is to stay home until you get iEAD. No harm going to SJC INS, show them hardship (a letter from your employer stating that they are putting you off the payroll untill EAD approval), perhaps you can get one.
 
W/o EAD or iEAD..stay is legal but not work. Take unpaid vacation for that period. Bcos, if ever you wish to apply for citizenship (ofcourse first 485 approval.. good luck ) these periods would be watched.
 
On the contrary, while you adjustment is process, you can never go out of status and you can work. However, without EAD, whoever gives you employment is liable. No employer, knowingly, will take this risk of getting fined/prosecuted.
 
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Thanks for all the suggestions guys.

I have decided after a useless trip to INS SFO , to stay home on an unpaid leave and hoping I may still get my temp job back when I can get a temp EAD in April.

Thanks all.
 
When you take unpaid leave...does that mean you dont get any health benefits too? I thought that when you dont have employment authorization work you cant get benefits in any way for anything..
 
That is correct. Unpaid leave with employment contract terminated so no benefits of any kind.

I will join again as a new employee back on payroll hopefully but not sure - so will keep fingers crossed and hoping they will take me back.
 
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