EAD input please..

M

myself_12342002

Registered Users (C)
Hi Satanta...

I have applied for my 2nd EAD 5 months ago(VSC), 10 days back I recv'd an RFE for Pictures, I sent them by FEDEX immeditely and my message changed in couple of days, today I went to loacl BCIS office in Denver the officer said straight on my face from Thursday I cannot work as they cannot touch my application for another 85 days, my EAD expires in 3 days.. I have following questions.. Any input will be appreciated.

1. Do I become illegal now,a s my EAd is expiring in few days?!

2. By any chance if these BCIS jokers issue my 2nd EAD will the date be continuation from my 06/24/04 to 06/25/05?! or will it start from the day they approve my 2nd EAD (in this case I will be without staus till they approve my 2nd EAD)

3. I am going to work either way as I can't stop work just like that. Will this effect my 485 application.

I am going to ask the above questions to my solicitor also. But any input from you guys will eb very much appreciated..

Thanks
Myself :confused:
 
1. You will not become illegal even if you don't have an EAD.
2. They will approve your EAD effective from previous expiration date
3. After the current EAD expiry, you can't work officially until you get the EAD renewal. But there might be work arounds (work unofficially now, and get paid after the EAD approval)

You have done a big mistake by not applying for interim EAD after 90 days. Nobody should do that mistake. If you don't get EAD in 90 days, then go and apply for interim EAD.
 
Thanks for your input Satish, I should have gone for IEAD after 90 days. My solicitor called me and asked not to worry at all, she said that this happens often.. So I guess I wait for the EAD approval.
 
myself_12342002 said:
Thanks for your input Satish, I should have gone for IEAD after 90 days. My solicitor called me and asked not to worry at all, she said that this happens often.. So I guess I wait for the EAD approval.
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You cannot get an IEAD after a RFE has been issued. So what Satish suggested should have been done. you should take care that you do not get any pay stubs for the period you do not have EAD. You can ask your company to make payment for that later as a lump sum. Better aviod this as this may create problem later. Talk to your lawyer about this and find out what he says.
 
dsatish has answered most of your questions.

I'd just like to point out that USCIS took more than 6 months to renew my 2nd EAD and my 2nd EAD's validity started from the approval date, not the expiration date of the previous one. So there was a gap between the expiration of my first EAD and the start date of my the 2nd one by about a month or so. (In case you're wondering if I still worked after my first EAD expired -- in anticipation of the delay, my company also applied for 7th year H1B extension just in the nick of time. The H1B receipt allowed me to work while I awaited my 2nd EAD. Technically, I've never worked on EAD so far. Still, it can be very handy in case of loss of job etc. So I make sure I have one at all times.)

dsatish is also correct about iEAD. I've seen posts here that USCIS doesn't issue iEADs if there's an RFE out on the EAD application. However, you have nothing to lose by trying. Infact, trying multiple times, as long as you talk to a different officer each time. Try to explain (preferably with documentary evidence) the RFE was only for photographs. Having a good sob story about all the bad things that will happen if you don't get your iEAD may help also. Just be creative with the facts. :)

Good luck! :)
 
Thanks for your input Peeved. Just as an info. for the other readers, I did try at Denver office again thismorning with a different officer, I explained it to her she took the form to her Supervisor, she came back after 10 mins and said that, if the BCIS touches the application, from the day they rec'v my response to the RFE, the clock resets again and said that, local offices count 90 days from that day, she said BCIS recv'd my response to RFE on 6/15, she said I can go to the office on 9/15/04 if I haven't recv'd my EAD by then. I thought it's unfortunate I didn't go to IEAD as soon as my 90 days were over, anyways thanks for all the input.

Mean while my Lawyer called me and she said not to sweat, she said lot off ppl are going through this as VSC is short staffed and the local BCIS offices doesn't want to entertain too many of these cases, she asked me to work as usual if my employer is OK (my employer doesn't care about these things), I will just cross my fingures and wait, if I get it I will continue, or else I will elave the country and go some where..

Thanks
Myself...
 
hey hey

I am in the same boat, 'myself12...' My first EAD expired on Saturday and my 90 day cycle ended on last Friday. My solicitor told me to continue working as long as my employer doesn't bother me. This is something like "don't ask, don't tell" thingy! They said they would write a letter to my employer if they ask about it and would tell the employer that we applied on time and the status has unchanged. But like you said, my employer doesn't care and as long as I am legal (which we both are), I should be fine. So I am waiting too. I just cannot do any consulting work on the side... I am hoping and praying that all the applications be adjucated shortly for those who have been waiting!!
 
It is recommended not to get paid for the days you are working without EAD. You are not illegal to stay without EAD but illegal to work without EAD. Both you and your employer will be in trouble for that. If your lawyer says to work without EAD ask him to send it in writing to you because if there is trouble later you can show that it was not your fault and you are advised to do that. Your lawyer is not going to lose anything if anything happens to your case. So don't take chance. Talk to your HR and tell them the situation and ask them not to pay till you get your iEAD or EAD.
 
I agree with what VSM said. It would be a gamble if you continue to work. However, I would suggest not leaving any stone unturned.

USCIS does have the expedite policy under exceptional/compelling circumstances. How about submitting an expedite request on, say, humanitarian grounds? Tell them you are requesting to expedite as a last resort, since you have been refused iEAD. Tell them about the losses you will incur if you have to stop working. Perhaps, feeding your family/kids, paying rent and keeping a roof over their head etc. The bleaker the picture, the better chance you have of getting it expedited.

I wish I could do more to help. :(
 
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