EAD Important Question

A

alphagc

Registered Users (C)
Hi All,

My EAD will expire in Jan 6th 2004. I e-filed on Oct 29th 2003.
So far as usual no response. Just the same old messages saying that they receive my application bla bla bla.

My question is:

In case if I didn't get my EAD card by Jan 6th 2003, can I still working in the company and be out from payroll.(my employer agreed to pay me back in different way once I get it my EAD). ??????

I talked to my employer and he has no problem but he prefered if I can still be in the company.


My friends what do you think ???:rolleyes: :(


RD : 02/01/2002
ND : 02/15/2002
FP1: 04/05/2002
FP2:10/02/2003
EAD 3 : 10/29/2003
EAD AD: God knows ????
485 AD : Good knows ????
 
Re: No Response

Originally posted by alphagc
:o :rolleyes: :confused:
Click to expand...

No response in 6 minutes? What do you expect?

To answer your question, if you have no EAD you cannot work legally. You can continue to be paid, but you cannot work.
 
Originally posted by alphagc
Hi All,

My EAD will expire in Jan 6th 2004. I e-filed on Oct 29th 2003.
So far as usual no response. Just the same old messages saying that they receive my application bla bla bla.

My question is:

In case if I didn't get my EAD card by Jan 6th 2003, can I still working in the company and be out from payroll.(my employer agreed to pay me back in different way once I get it my EAD). ??????

I talked to my employer and he has no problem but he prefered if I can still be in the company.


My friends what do you think ???:rolleyes: :(


RD : 02/01/2002
ND : 02/15/2002
FP1: 04/05/2002
FP2:10/02/2003
EAD 3 : 10/29/2003
EAD AD: God knows ????
485 AD : Good knows ????
Click to expand...

Dude.. you need to call the NSC number to schedule the FP/Picture appointment and you do need to send the papers. You read the application right?
 
Then accepting the salary without authorization is OK? E.g. H4 person can do charity work as long he does not accept the salary.
What ever you are telling is reverse of that.
He can work but cannot get paid.
 
Last edited by a moderator:
Re: Re: Re: Re: No Response

Originally posted by TheRealCanadian
What part? He cannot work with no EAD. If the company wishe to pay him for doing nothing that's perfectly OK.
Click to expand...

Doesn't make sense to me. How is the company going report it to the IRS?
How are you going to report the income to IRS?

If you do not have EAD, you have to be removed from payroll.
 
Originally posted by tammy2
Then accepting the salary without authorization is OK? E.g. H4 person can do charity work as long he does not accept the salary.
What ever you are telling is reverse of that.
Click to expand...

No. If you are not authorized to work, you cannot work.

If someone wishes to give you money, then this is either passive income or a gift, and is legal.

The situation you describe can fall into one of two situations: either you are doing legitimate chartity work, work which people are typically not paid to do (like baking cookies for a Church bake sale) then it is legal. If I "volunteer" to write a new OS for Microsoft that is not legal.
 
alphagc

I believe if your EAD application is pending for more than 90 days you can go your local USCIS office and apply for an Interim EAD
 
Re: Thank you ricks, the others are bunch of A*** replies....

Originally posted by alphagc
All of what I asked for is can I be working in the company while my EAD application still pending then once I get it approved the employer can pay it to me as over time or so??? Hey dump a** did you understand now?
Click to expand...

There's no reason to be demanding and rude. I answered your question. You can be paid, but you cannot work. How difficult is this to understand.

What you may not have considered is that while you can apply for an interim EAD after your EAD application has been pending for more than 90 days, most local offices will not even talk to you until after 90 days, which based on what you say will not happen until January 29th, or almost 4 weeks after your EAD expires.

Let me reiterate - you cannot work legally between Jan 4 and your EAD approval. If you work and do not get paid, it does not matter, since USCIS doesn't care if you get paid or not. No EAD, no work.

And if you are going to call me a dumba$$, at least give me the courtesy of spelling it right.
 
I think most accurately and conciseley
IF NO EAD, ONE SHOULD NOT BE ON PAYROLL FILE FOR THAT PERIOD whether s/he works and gets paid under the table or not thats a different story :cool:
 
Thanks

Thanks truenblue.

I talked to my employer and agreed to let me work from home but he preferred to come to work.
 
To be concise:

It is concisely, not conciseley. Sorry to be so pedantic, but the spelling and grammar in this form is so bad that I often can't read it.
 
My 2 cents...

...since I work in the payroll area -

whether or not you work for what you might or might not get paid for, is not the question - the issue is, HOW you get paid - if you don't have an EAD/H1/whatever status it is that allows you to work, your W9, which you filed on your first day of work (as a non citizen and a non PR), is invalid at that point. If that's the case, the employer MUST take you off the payroll.

If anyone is going to pay you with a non-payroll check (i.e, just a net check, with no gross-to-net calculations - in other words, there are no taxes, benefits deductions, nothing reported to the IRS from that payment, etc), then go for it.

Keep in the mind, the USCIS has almost no way of tracking whether or not you actually worked on any given day, especially if you telecommute(without a subpoena of your company's network logs, etc), but what they can easily do is access your reported W2s for the tax year in question and from that, reasonably assess how much you worked in that period, etc.

Hope this helps!

K
Originally posted by TheRealCanadian
There's no reason to be demanding and rude. I answered your question. You can be paid, but you cannot work. How difficult is this to understand.

What you may not have considered is that while you can apply for an interim EAD after your EAD application has been pending for more than 90 days, most local offices will not even talk to you until after 90 days, which based on what you say will not happen until January 29th, or almost 4 weeks after your EAD expires.

Let me reiterate - you cannot work legally between Jan 4 and your EAD approval. If you work and do not get paid, it does not matter, since USCIS doesn't care if you get paid or not. No EAD, no work.

And if you are going to call me a dumba$$, at least give me the courtesy of spelling it right.
Click to expand...
 
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