EAD expiring in FEB 2003.
- Thread starter NJGCFAN
- Start date
gcinjan2003
Registered Users (C)
I am in the same boat, EAD expiring in Feb 12, but my H1 is still valid till August.
gcinjan2003
Registered Users (C)
I am in the same boat, EAD expiring on Feb 12, but my H1 is still valid till August.
I don't understand why people wait till the eleventh hour for the renewal of EAD just for the heck of $120 ???!!!
There is no point waiting and that too after seeing so many problematic cases on this site. I think one should apply for EAD renewal 4 montyhs before expiry and don't sit on it just for $120
There is no point waiting and that too after seeing so many problematic cases on this site. I think one should apply for EAD renewal 4 montyhs before expiry and don't sit on it just for $120
Pacchai_Picchai
Registered Users (C)
Applied for Renewal EAD 3rd Jan 03. Old EAD expires 21-Feb-03.
I hope we get the renewal by then.
BTW, if you are working on EAD, H1B is automatically invalid.
I hope we get the renewal by then.
BTW, if you are working on EAD, H1B is automatically invalid.
Very-well said, bakshi.. 
And BTW, if you are now on EAD and you don't have a new EAD when your current EAD expires, you will have to be removed from the payroll, or take a leave without pay.
Unlike H1B, submitting EAD renewal alone is not enough to continue employment.
And BTW, if you are now on EAD and you don't have a new EAD when your current EAD expires, you will have to be removed from the payroll, or take a leave without pay.
Unlike H1B, submitting EAD renewal alone is not enough to continue employment.
GC_ka_jhanjhat
Registered Users (C)
'fortunately' we are allowed to apply before 6 months
http://www.ins.gov/graphics/howdoi/ead.htm
grab it.... grab it...
http://www.ins.gov/graphics/howdoi/ead.htm
grab it.... grab it...
gcinjan2003
Registered Users (C)
I have not used my EAD, I am with the same employer.
And about waiting for last moment to file for EAD, I was optimistic about getting I-485 approved by now
And about waiting for last moment to file for EAD, I was optimistic about getting I-485 approved by now
Hey GC2003
Looks like we are in the same boat. My EAD expires March 11, 2003 - applied for renewal last week and visa has expired so technically cannot work if EAD is not received. Obviously just cant forgive myself why I didnt apply before!!!
I am also keenly expecting some word on the GC - my priority date is Jan 20, 2002 and ND is Feb 14, 2002.
Looks like we are in the same boat. My EAD expires March 11, 2003 - applied for renewal last week and visa has expired so technically cannot work if EAD is not received. Obviously just cant forgive myself why I didnt apply before!!!
I am also keenly expecting some word on the GC - my priority date is Jan 20, 2002 and ND is Feb 14, 2002.
INS says that if EAD is not renewed within 90 days from the date it was applied, an interim EAD can be obtained from the local INS office.
This information is available in the following URL.
http://www.ins.gov/graphics/howdoi/ead.htm
This information is available in the following URL.
http://www.ins.gov/graphics/howdoi/ead.htm
C D:
EAD renewals are usually back-to-back, so there wouldn't be any gaps provided you have applied well in advance, so even if you don't receive your renewed EAD and continue working (provided the employer doesn't notice or doesn't object) that shouldn't affect your GC or citizenship at all.
While on the topic, I'd like to warn fellow members that though EAD renewals are back-to-back, AP renewals are not, and I consider it very unfair. What I mean is that say if your EAD expires on March 31, 2003, the renewed EAD would be valid from April 1, 2003 through March 31, 2004. That's not true with AP, if your AP expires on March 31, 2003 and if you applied well in advance and received an approval say on Feb 15, 2003, your AP will be valid from Feb 15, 2003 through Feb 14, 2004.
If this is not the case with any of you'll let the forum know. At least this has been the case with me.
EAD renewals are usually back-to-back, so there wouldn't be any gaps provided you have applied well in advance, so even if you don't receive your renewed EAD and continue working (provided the employer doesn't notice or doesn't object) that shouldn't affect your GC or citizenship at all.
While on the topic, I'd like to warn fellow members that though EAD renewals are back-to-back, AP renewals are not, and I consider it very unfair. What I mean is that say if your EAD expires on March 31, 2003, the renewed EAD would be valid from April 1, 2003 through March 31, 2004. That's not true with AP, if your AP expires on March 31, 2003 and if you applied well in advance and received an approval say on Feb 15, 2003, your AP will be valid from Feb 15, 2003 through Feb 14, 2004.
If this is not the case with any of you'll let the forum know. At least this has been the case with me.
Read this: Options posted by a fellow member 'KSV'
I too was in the same boat till today. Finally my EAD renewal was approved today. Here are some options posted by 'KSV' if EAD renewal does not come through prior to EAD expiration date -
" I found this from somewhere in internet. Thought useful to you guys too.
Here are the options.
In strict interpretation of the law, one should not work with out a valid unexpired EAD in hand.
But I have heard various options and alternative I am listing here. Even lawyers differed on this and so don't take this as legal advice. Talk to *Your* lawyer, (not the companies) to get the best course of action for *You*.
1) Safest alternative: Talk to your employer and stop working till you get your new EAD. Expired EAD will not allow you to work, but you can still stay in the country legally after filing I485 so you don't have to leave the country and you are not doing anything illegal. The down side is, you will lose your source of income during this time.
2) Safest alternative: Get a letter from both employer and your Lawyer detailing the situation and how you are needed at your work by your employer. Take the letters with all the necessary documents and go to the local INS and request for a temporary EAD. It depends on your luck. They may or may not give you one, they are not required to give you one but you may get lucky.
3) Risky alternative: Just keep working, and hope that Service Center will back date your EAD. (Previously, TSC and another service center used to bridge the validity dates on EADs, like if your old one expired on 1/15 and they issued a new one on 3/15, they would put the start date on the card as 1/16 instead of 3/15.) Again there is no way you can make them do this. It depend on your luck.
4) Risky alternative: Work with out EAD till you get your new one. Hope you will get new one before 183 days of the old one expiring. The you won't be subject to 3 year ban of INS decides to come after you for illegal work. You probably have to use 245i and pay the 1000 dollar fine if they send an RFE and really look into your case.
5) Worst case senario: Work with out EAD. You don't get new one for more than 183 days. Then you will be subject to 3 year entry ban *IF* you leave the country before your I485 is approved. As long as you don't leave the country, you can still use 245i and pay the 1000 dollar fine to get out of trouble.
These are just my thoughts. Seek competent legal advise. I am not a lawyer.
Good luck and hope things work out for you. "
I too was in the same boat till today. Finally my EAD renewal was approved today. Here are some options posted by 'KSV' if EAD renewal does not come through prior to EAD expiration date -
" I found this from somewhere in internet. Thought useful to you guys too.
Here are the options.
In strict interpretation of the law, one should not work with out a valid unexpired EAD in hand.
But I have heard various options and alternative I am listing here. Even lawyers differed on this and so don't take this as legal advice. Talk to *Your* lawyer, (not the companies) to get the best course of action for *You*.
1) Safest alternative: Talk to your employer and stop working till you get your new EAD. Expired EAD will not allow you to work, but you can still stay in the country legally after filing I485 so you don't have to leave the country and you are not doing anything illegal. The down side is, you will lose your source of income during this time.
2) Safest alternative: Get a letter from both employer and your Lawyer detailing the situation and how you are needed at your work by your employer. Take the letters with all the necessary documents and go to the local INS and request for a temporary EAD. It depends on your luck. They may or may not give you one, they are not required to give you one but you may get lucky.
3) Risky alternative: Just keep working, and hope that Service Center will back date your EAD. (Previously, TSC and another service center used to bridge the validity dates on EADs, like if your old one expired on 1/15 and they issued a new one on 3/15, they would put the start date on the card as 1/16 instead of 3/15.) Again there is no way you can make them do this. It depend on your luck.
4) Risky alternative: Work with out EAD till you get your new one. Hope you will get new one before 183 days of the old one expiring. The you won't be subject to 3 year ban of INS decides to come after you for illegal work. You probably have to use 245i and pay the 1000 dollar fine if they send an RFE and really look into your case.
5) Worst case senario: Work with out EAD. You don't get new one for more than 183 days. Then you will be subject to 3 year entry ban *IF* you leave the country before your I485 is approved. As long as you don't leave the country, you can still use 245i and pay the 1000 dollar fine to get out of trouble.
These are just my thoughts. Seek competent legal advise. I am not a lawyer.
Good luck and hope things work out for you. "
One alternative that my lawyer has suggested is that I technically go on vacation and write a mail to HR to that effect after EAD is expired. In the meantime I unofficially continue working, even receive paychecks as I can still be on the payroll and only lose vacation days for the days I work without EAD. Later I should work out with my employer how I can avail the vacation days that I lost while working without EAD. Anybody see any problems with this or have any suggestions?
Awaiting approval
Registered Users (C)
Please bear in mind
That it's upto the company to check whether u r eligible to work for them or not. There's no law that prescribes any penalty for working without an EAD.
That it's upto the company to check whether u r eligible to work for them or not. There's no law that prescribes any penalty for working without an EAD.