EAD Expiring.. to reapply or not. HELP!

C

CanadianGrl

Registered Users (C)
Hi there,
Little story here. Received notice of action based on an I-765, required appointment for biometrics in September of 04. This was an ASC code 2. I made my appointment, and she told me on the phone that if I received my notice of action for my I-485 soon to call back and scedual an appointment for an ASC code 3 appointment. I got that notice a few days later, and changed my appointment. My appointment was on October 23, and I was expecting my work permit after that.
Nothing came of it. I started calling, and putting in requests for information, with no reply. After the 3rd time, they told me to write a letter to the Director, and hopefully I would get an inquiry into my case. Nothing. 6 months passed, 3 letters to the director, and many phonecalls, with still nothing. So I tried to make an appointment on the website for an information appointment in Tampa, FL. For about a month trying every day I was unable to. Finally I got one, went the 2 hours down to Tampa, to find out that I was approved for my work permit, but I had to go back for Biometrics again. She then told me that I would have to reapply for my work permit as soon as I got it, as it would be expiring right after I got it. I made an appointment right then and there, (from my cell, in the car leaving tampa) and just had my biometrics taken again. I got my EAD in the mail 5 days later. (today) It is no good as of November.
So there is your background... (and my frustration) here is my question;
I received my Notice of action for my applicant interview, on my I-485 application to register permanent residence, or adjust status. My interview is on the 28th of this month.
I have all my paperwork in order, and should not have a problem with it. I was told that my I-485 could be approved on the spot.. and if so, I wouldn't need my EAD. Is this correct?
Will I still need an EAD if my I-485 is approved, or can I just put this in my files, and not worry about it expiring?
Thanks for any info in advance!
 
CanadianGrl said:
Hi there,
Little story here. Received notice of action based on an I-765, required appointment for biometrics in September of 04. This was an ASC code 2. I made my appointment, and she told me on the phone that if I received my notice of action for my I-485 soon to call back and scedual an appointment for an ASC code 3 appointment. I got that notice a few days later, and changed my appointment. My appointment was on October 23, and I was expecting my work permit after that.
Nothing came of it. I started calling, and putting in requests for information, with no reply. After the 3rd time, they told me to write a letter to the Director, and hopefully I would get an inquiry into my case. Nothing. 6 months passed, 3 letters to the director, and many phonecalls, with still nothing. So I tried to make an appointment on the website for an information appointment in Tampa, FL. For about a month trying every day I was unable to. Finally I got one, went the 2 hours down to Tampa, to find out that I was approved for my work permit, but I had to go back for Biometrics again. She then told me that I would have to reapply for my work permit as soon as I got it, as it would be expiring right after I got it. I made an appointment right then and there, (from my cell, in the car leaving tampa) and just had my biometrics taken again. I got my EAD in the mail 5 days later. (today) It is no good as of November.
So there is your background... (and my frustration) here is my question;
I received my Notice of action for my applicant interview, on my I-485 application to register permanent residence, or adjust status. My interview is on the 28th of this month.
I have all my paperwork in order, and should not have a problem with it. I was told that my I-485 could be approved on the spot.. and if so, I wouldn't need my EAD. Is this correct?
-------------- first check your PD(LC filing date)if you are born in India, China and you are EB3 then they will only conduct the Interview and will not approve the I-485 as no visa number available. I dont know if your case is EB1, EB2, EB3, PD and country of birth

Will I still need an EAD if my I-485 is approved, or can I just put this in my files, and not worry about it expiring?
------------- if I-485 is approved and they stamp the passport then you dont need EAD
Thanks for any info in advance!
Click to expand...
 
I am a Canadian, and I have been here for 2 years, not working at all...
My applications are based on Marriage.. I came down to the US from Canada, to visit with my boyfriend at the time. He asked me to marry him.. and we then went to immigration to find out what to do. They told us to just get married while I was in the country.. So I have been here, and have not left. I don't know that that makes me.. I am not EB anything.
If I don't have a passport (you don't currently need one to come from Canada to the US) does that screw me up? What do they stamp then?

Thanks much!
 
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Working with an expired EAD

I have an expired EAD + a pending EAD application filed more than 3 months before the expiration of my current EAD. I have an appointment for iEAD but it is after the expiration of my current EAD. My question is: Can I still work with the expired EAD, and and the pending EAD application and the appointment for iEAD.
My lawyer told me that I can work!!!
I read so many messages regarding this issue and I am still very confused. The following is a FAQ About Employment Eligibility found in http://uscis.gov/graphics/howdoi/EEV.htm

Can I fire an employee who fails to produce the required document(s) within three (3) business days?
Yes. You can terminate an employee who fails to produce the required document(s), or a receipt for a replacement document(s) (in the case of lost, stolen or destroyed documents), within three (3) business days of the date employment begins. However, you must apply these practices uniformly to all employees. If an employee has presented a receipt for a replacement document(s), he or she must produce the actual document(s) within 90 days of the date employment begins.

Or from another source:
From 8CFR § 274a.2(b)(1)

(vi) Special rules for receipts. Except as provided in paragraph (b)(1)(iii) of this section, unless the individual indicates or the employer or recruiter or referrer for a fee has actual or constructive knowledge that the individual is not authorized to work, an employer or recruiter or referrer for a fee must accept a receipt for the application for a replacement document or a document described in paragraphs (b)(1)(vi)(B)((1) and (b)(1)(vi)(C)((1) of this section in lieu of the required document in order to comply with any requirement to examine documentation imposed by this section, in the following circumstances:

(A) Application for a replacement document.
The individual:

(1) Is unable to provide the required document within the time specified in this section because the document was lost, stolen, or damaged;
(2) Presents a receipt for the application for the replacement document within the time specified in this section; and
(3) Presents the replacement document within 90 days of the hire or, in the case of reverification, the date employment authorization expires; or
 
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