EAD just expired, but have been with the current employer for about a year

pianoplayer said:
an OPT-based EAD is no longer strictly valid.
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Is it "loosely valid", or "sort of valid"? Employment authorization validity is like pregnancy; either it's valid or it's not. Your unsubstantiated assertions are the only claims that OPT terminates automatically upon I-485 filing.
 
Its true that working on an expired EAD would usually be forgiven for you but thats not necessarily the case for your employer, especially in the current climate. If CIS fines your employer for employing you as an illegal employee I wouldn't think it will go down well at your next annual review. Just my opinion ... currently looking at being on "leave of absence" after 12/15 myself
 
Look up some statistics some time as to how many employers actually get in trouble for hiring illegals. There's basically zero chance of anything happening. This is the real issue with illegal immigration, it would stop if employers felt they would get in trouble for doing it. The fact is that under the current administration the number of cases of employers being procescuted for employing illegals has dropped to record low levels.
 
TheRealCanadian said:
Is it "loosely valid", or "sort of valid"? Employment authorization validity is like pregnancy; either it's valid or it's not. Your unsubstantiated assertions are the only claims that OPT terminates automatically upon I-485 filing.
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I wish you would explain your analysis. EAD is applied for under different categories --- OPT being one of them. When an OPT student files AOS, his/her status changes to AOS pending. Since the EAD was derived from the student's OPT, it is no longer valid. The ex-student needs to apply for a new EAD based on AOS.

This is standard practice. YOUR unsubstantiated assertions are the only claims that OPT does not terminate upon I485 filing.
 
pianoplayer said:
When an OPT student files AOS, his/her status changes to AOS pending. Since the EAD was derived from the student's OPT, it is no longer valid. The ex-student needs to apply for a new EAD based on AOS.
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Not at all; they apply for the EAD based on a category of eligibility, like OPT. If they gain another category of eligibility based on the I-485, then that doesn't invalidate the EAD, since they're still eligible for an EAD in general. EADs are no more linked to an indvidual status than they are to a particular petition.

YOUR unsubstantiated assertions are the only claims that OPT does not terminate upon I485 filing.
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I'm not making an unsubstantiated assertion - you are. If what you claim is true, then FB applicants who filed their I-485 while in OPT and worked for even a single day after their I-485 was filed would be regularly denied. They're not.
 
TheRealCanadian said:
I'm not making an unsubstantiated assertion - you are. If what you claim is true, then FB applicants who filed their I-485 while in OPT and worked for even a single day after their I-485 was filed would be regularly denied. They're not.
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They're not denied because for family based AOS applications, USCIS forgive any illegal work. Its part of the INA that they must do this.
 
TheRealCanadian said:
Not at all; they apply for the EAD based on a category of eligibility, like OPT. If they gain another category of eligibility based on the I-485, then that doesn't invalidate the EAD, since they're still eligible for an EAD in general. EADs are no more linked to an indvidual status than they are to a particular petition.



I'm not making an unsubstantiated assertion - you are. If what you claim is true, then FB applicants who filed their I-485 while in OPT and worked for even a single day after their I-485 was filed would be regularly denied. They're not.
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The reason that they are not denied has NOTHING to do with the fact that the OPT based EAD is still valid. Also see Dr Iha's post.
 
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