EAD lapse during renewal

[KC2005]

I have taken employment based on the EAD. My EAD expiry date is 04/28/05. We applied for EAD renewal, (RD=02/09/05; ND=02/24/05). I-140 is approved. I-485 still pending. If EAD is not approved before 04/28/05 then
1) Will i be out-of-status?
2) Do i have to leave the employment?
3) Can payroll run during this time?

Can somebody throw some light?

Thanks in Anticipation

 

[maybesomeday]

I have taken employment based on the EAD. My EAD expiry date is 04/28/05. We applied for EAD renewal, (RD=02/09/05; ND=02/24/05). I-140 is approved. I-485 still pending. If EAD is not approved before 04/28/05 then
1) Will i be out-of-status?
2) Do i have to leave the employment?
3) Can payroll run during this time?

Can somebody throw some light?

Thanks in Anticipation

1) no, you are in status because your I-485 is still pending. however, if you work without ead or other work visa, you will be working illegally.
2) up to them, you could remain employed but on leave of absense
3) you shouldn't be working and getting paid without work authorization.

Read this thread and it may give you some other ideas you can try:
http://immigrationportal.com/showthread.php?t=166972

 

[kcguy2004]

work after EAD expired..

i'm in the same boat... i told my company that i had to go on unpaid leave...
they said to continue working stating the following from their lawyer..
any comments?

(20) A nonimmigrant alien within the class of aliens described in paragraphs (b)(2), (b)(5), (b)(8), (b)(9), (b)(10), (b)(11), (b)(12), (b)(13), (b)(14), (b)(16), and (b)(19) of this section whose status has expired but who has filed a timely application for an extension of such stay pursuant to §§ 214.2 or 214.6 of this chapter. These aliens are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay. Such authorization shall be subject to any conditions and limitations noted on the initial authorization. However, if the district director or service center director adjudicates the application prior to the expiration of this 240 day period and denies the application for extension of stay, the employment authorization under this paragraph shall automatically terminate upon notification of the denial decision.

 

[TheRealCanadian]

i told my company that i had to go on unpaid leave...
they said to continue working stating the following from their lawyer..
any comments?

That section clearly status with extension of stay and status - namely the extension of non-immigrant employment statuses such as H, L, O and TN. Since an EAD provides neither status nor stay, it doesn't qualify.

On the other hand, section 245k covers you without penalty for illegal employment of up to 180 days before the adjustment is approved. I'd not challenge the firm's dubious advice, and just take advantage of that.