EAD expiring. What's the Best option ?

N

nalgae

New Member
Hi brothers,

My EAD is expiring in May2004 and there might be a months gap between current one's end date and the approval of the renewal (CSC).

0: Is the renewed EAD's date continuous from previous one's ?
1: Is the Receipt notice of the renewal enough to continue to work ?
2: Can I work during the gap while waiting for approval ?
2.1: If I can't, what should I do with my employer ?
3: Is e-file better/faster than regular filing ?

Thanks.
 
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nalgae

0. I believe that normally the start date will be the later of the current date and the expiry of the previous EAD. Therefore, they will not backdate the EAD.

1. No.

2. Not unless you have another status (for example valid H1).

2.1. You will need to take leave of absence. It is illegal for your employer to pay you to work during this period, even if the pay is withheld until after you get a new EAD. Of course, whether the USCIS could find out about this or not is a different matter.

3. This one I don't know.
 
nalgae

I'm not familiar with the terms of the 245k clause used by MountainDew, so I can't comment on ones status when relying on this. However, your employer is also breaking the law by employing you without authorization and, potentially also for not revalidating your authorization in a timely manner. Therefore, you may find that your employer isn't willing to keep you on active payroll anyway.
 
I was in the situation when my current EAD expired and I was still waiting on the approval of renewal. I think using the 245K is a risky route to take unless you have a full consent of your employer and attorney.

I had to take 5 days of unpaid vacation; luckily for me the renewal was approved on the 6th day and I was able to get back to work.

Also, from what I've read on other posts, it is quicker to file via regular mail.

Good luck
 
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