EAD Expiry and Renew Dates

N

navik_pathak

Registered Users (C)
Hi All,

I have question regarding Validity of EAD with respect to work using it.
My wife is working using EAD and her EAD is about to Expire in 03/03/09. We have applied for renewal on 01/13/09. I dont think EAD will be renewed by that time i hope it will but not sure on it.

Is there any issue continue working the job she has? or do we have to wait for the renewed EAD to come?

Thanks in advance
 
navik_pathak said:
Hi All,

I have question regarding Validity of EAD with respect to work using it.
My wife is working using EAD and her EAD is about to Expire in 03/03/09. We have applied for renewal on 01/13/09. I dont think EAD will be renewed by that time i hope it will but not sure on it.

Is there any issue continue working the job she has? or do we have to wait for the renewed EAD to come?

Thanks in advance
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Yes there is an issue. If she is working without valid, unexpired EAD, even with pending EAD renewal, she will be violating immigration law. It is the responsibility of the EAD holdeer to apply for renewal 120 days in advance as recommended by the USCIS. Even if the EAD delayed more than the 120 days, the person still can not work qnd he/she is free to sue the USCIS because of that delay for the harm.
 
fortunately we have got EAD approved before the current EAD's expiry. We filed SR for expediting the process and we got the Card Production on the same day.
 
TheRealCanadian said:
Under 245k a gap in employment authorization of up to 180 days will be automatically forgiven.
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Section 245(k) protects the employee, but not the employer. They will still be in breech of immigration law, either by knowingly continuing to employee someone without authorization if they actually checked it, or by failing to re-verify employment authorization if they didn't bother to check it. Many big companies are very anal about this and will put the employee on leave of absence instead.
 
dms1 said:
Section 245(k) protects the employee, but not the employer. They will still be in breech of immigration law, either by knowingly continuing to employee someone without authorization if they actually checked it, or by failing to re-verify employment authorization if they didn't bother to check it. Many big companies are very anal about this and will put the employee on leave of absence instead.
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That's a good point.
 
qa13 said:
what happens if dependent continued employment after EAD expiration.Will they check dependent history or just primary applicant?
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Whatever the dependent do (cjhange status, get out of status, work without permit ...etc) The primary MOSTLY will not be affected by that, the reverse is not always true.
 
mmed said:
Whatever the dependent do (cjhange status, get out of status, work without permit ...etc) The primary MOSTLY will not be affected by that, the reverse is not always true.
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So they will approve primary and deny dependent AOS?
 
TheRealCanadian said:
It depends if the gap was over 180 days or not. If it's under 180 days, then 245k covers the dependent.
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It's over 180 days unauthorized work on expired EAD.But after that dependent used AP and entered back to US.Is AP entry a lawful admission?
 
qa13 said:
It's over 180 days unauthorized work on expired EAD.But after that dependent used AP and entered back to US.Is AP entry a lawful admission?
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Entry with valid AP, getting new H stamp ......etc will not drop the violation of unauthorized work. The officer at the POE will check only the validity of AP and be sure that the I485 is still pending at the time of entry and that is it, no access at the port of entry to working violations. If the dependent work for more than 180 days without valid EAD, 99.9999% wil get RFE at the time of I485 decision to justify for that immigration violation. Again, the primary has nothing to do with this miss if he/she followed the rules and did not violate. Some people think if they get immigration benefit after violation that the violation is dropped, that is not the case.
 
Hi Guys,

Today EAD status is approval notice is sent for my wife EAD. Now my question is her EAD is with Expiry of 03/03/2009 and we dont have EAD in hand. What should we do? I think EAD number will be different? What should we inform the company?
 
navik_pathak said:
Hi Guys,

Today EAD status is approval notice is sent for my wife EAD. Now my question is her EAD is with Expiry of 03/03/2009 and we dont have EAD in hand. What should we do? I think EAD number will be different? What should we inform the company?
Click to expand...

The EAD will be in hand before 3/3
 
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