EAD expiry , renewal situation

M

minknowledge1

Registered Users (C)
My EAD expires End of Jan and i have not appled for renewal yet.
The reason My Lawyer ; he said there is no need to apply,
Till my 485 is in process, i m never out of status. He stated
a few clauses from the law books. I can work on expired EAD and is fully leagal. My question to him was then why the expiry date.
He is really a very experienced guy atleast 20+ yrs .
My company didnt agree to it so he said its just waste of money,
but just for the satisfaction of my firm , we will go ahead and apply for renewal of EAD. Since before the EAD expires the renewal notice would have arrived and i can show that to my firm. Now do u guys know anything about this.
i know that my ead wont come thru by Jan End and 90 days will also not be over to apply for i-ead.

In case any of you is going thru the same situation......

WAC 02 045 xxxxxx Mid Nov' 01

hopefully, get my approval by Feb'........
 
Step #1, kick your lawyer and tell us all who he is so we avoid this 20+ years experience guy.

Step#2, consider this, you cannot work legally if you have an expired EAD and no H1b. The moment you switch jobs on EAD, your H1b is no longer valid.

Which means, if you are working on EAD currently, you are in a fix.
But, if you are on H1b, I say atleast try your best to keep a current EAD in hand, say in a situation where you get laid off or want to change jobs.
 
yeh right kick the lawyer who does't know the basics of EAD which are known by most of the persons on this portal.

Seems we guys should study part time law and open up immigration Law firm. how about the name of firm i guess " INS SUCKS " will attract plenty of clients.
 
Ghost, thats a swell idea, if we register www.inssucks.com and putup information regarding EAD Rules etc. etc. it'd serve 2 purposes.

a) Illuminate the fact that immigration rules are too complex.
b) Educate tonnes of people here, who are left to .. well unreliable information.

Information on there wouldn't be official either, but hey, being at a central place, it'd atleast be subject to corrections and public perusal.
 
In some other related thread some one pointed to following link on this subject. (In my openion, probably Ms. Sheela Murthy is a well experienced and well known lawyer than yours -who ever it may be)...

http://www.murthy.com/UDdatgap.html

Note that one must have a valid EAD to work (in the absense of H1B).

- PCee
 
Thanks Guys

Thanks for the response... and PCee thanks for the link. After reading that link, i feel a lil relaxed that i will be making the application for renewal of EAD before it expires. Thats wat i understood from that Link. Well he was totally against the application for renewal also, and said it was waste of money. My firm didnt agree.
I know how this sounds, but the Lawyer knows his stuff.
Probably he is wrong here or i dont know,.. i am not supporting him... probably he needs a kick for this.....

But thanks anyways.......,.


WAC 02 045 XXXXXX
 
EAD Renewal

I have been given the similar advise not to worry -by my attorny who is one of the biggest in Bay-Area & he has also 20 + years of experience .Although I just missed by 5 days which is 85 days before my EAD expires.

Deeps
 
Re: Nice idea sm

Originally posted by waitingforbreak
Count me in.
Click to expand...

Yea but I wish my job was more secure to make such a commitment of maintaining a website like that. I have no clue where I'd be next week sorta thing.
 
minknowledge1,

It is not clear if it is okay to work when some one's EAD expired but applied for extension and is not yet approved! In above link ( http://www.murthy.com/UDdatgap.html ) all it says is "NSC is approving EADs without any gap inbetween". Note that in the second paragraph it says...

"...Merely back-dating the EAD cards does not mean that the person is legally authorized to work when EAD expires, though back-dating will retroactively cure the problem. INS continues to require the person to have a valid EAD to work..."

In my view this is the basic difference between H1B and EAD. In case of H1 one can continue working upon timely filing of extension (no need to wait for approval). Where as in case of EAD it is not completely clear! If one is already using EAD then the safest thing to do (in my openion) is to file for EAD extension atleast 3 months before expiry of earlier one (so that one can go get iEAD on expiry).

-PCee
 
First time I have heard of a Lawyer who doesn't want to make money by filing another EAD! :) He is probably senile, forget the finer points of the law but the law of economics states that if he applies for a renewal of an EAD he will make some good money. So there may be something in what he says.

Offcourse it is always better to be safe and if your company is paying for it go for a renewal.
 
You must log in or register to reply here.
Top