My old EAD is valid till Oct 17, 2003. I got new one approved from July 24,2003 to July 23, 2004. I applied 5 mons before expiration just to make sure I'll get it in time. But now I lost almost 3 mons in between. Does it happen with everybody? I think same will happen with my AP also. Or it should start from expiration date of my previous one. What can I do?
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EAD Gap
- Thread starter jd2002
- Start date
jd2002 and kaa: important!
the new policy (reference following) of BCIS of not backdating EAD renewal to the expiry of the last one has a potential danger for the applicant: if the applicant does not have another means of legal employment, e.g. H1, and if they continued to work for the period of the EAD "gap", then they would be considered to be working illegally, with adverse effects on their AOS process.
that is why it is important to try and work on H1 as much as possible throughout the pendency of one's i485, and have EAD available only for emergencies (i.e. sudden layoff). it is safer because, in case one's H1 expires, one can still continue to work while an H1 extension is pending (provided it was filed before the expiration of the old H1), whereas an EAD has to approved and physically in one's possession to legally work on its basis.
here are some legal references:
1. The Oh Law Firm: http://www.immigration-law.com/ -> Breaking News -> 04/03/03: Delay of EAD Processing and BCIS Policy
2. ImmigrationPortal.com for attorney jim mills comments: Critical - H1 expires - Do not have EAD yet!
the new policy (reference following) of BCIS of not backdating EAD renewal to the expiry of the last one has a potential danger for the applicant: if the applicant does not have another means of legal employment, e.g. H1, and if they continued to work for the period of the EAD "gap", then they would be considered to be working illegally, with adverse effects on their AOS process.
that is why it is important to try and work on H1 as much as possible throughout the pendency of one's i485, and have EAD available only for emergencies (i.e. sudden layoff). it is safer because, in case one's H1 expires, one can still continue to work while an H1 extension is pending (provided it was filed before the expiration of the old H1), whereas an EAD has to approved and physically in one's possession to legally work on its basis.
here are some legal references:
1. The Oh Law Firm: http://www.immigration-law.com/ -> Breaking News -> 04/03/03: Delay of EAD Processing and BCIS Policy
2. ImmigrationPortal.com for attorney jim mills comments: Critical - H1 expires - Do not have EAD yet!
peace_of_mind
Registered Users (C)
Most of us are in a similar situation.
Just make up your mind that and "assume" that the EAD is renewed only of 9 months.
Hope for the best and pray, let I-485 case be approved before next EAD renewal.
Just make up your mind that and "assume" that the EAD is renewed only of 9 months.
Hope for the best and pray, let I-485 case be approved before next EAD renewal.