EAD - Local Office Unable to Issue

4

485sinceFeb2001

New Member
My I-485 is pending, H1 is expired and EAD is expiring in Jun 03. Applied for EAD to my local office about 6 months before expiry of current EAD. Current EAD was also issued by the local office. Appeared for interview to the local office and here is the response from local office IIO.

Since your last EAD was from the same office and your old card is still valid till June, our machine cannot print you a new card. Please come back after your card is expired and we will re-issue a new card.

I asked officer would I be considered out of status from the day when my card will expire till the day I will get a new card and the answer was Yes!.

I have no clue what to do next because my lawyer never heard this thing before and my card is going to expire within 80 days. Any advice would be greatly appreciated.
 
Are you from Columbus ? Actually I am also in the same situation and I am planning to go back on the day my card is expiring.

Thanks
 
Fellas,

First of all, your EAD has nothing to do with your legal status. After you file an I485 you are automatically in legal status till adjudication takes place. The EAD is the work authorization that you can use in this "Interim Period" to continue gainful employment. Having said that I must also add that if your EAD expires you would not be authorized to work anymore till the time you get your new EAD (but you would be in legal status!). So if you can't get the EAD the same day you might want to take a few days off before you get the new EAD issued.

Hope this helps. This is obviously just advice since I am not a lawyer. What did your individual lawyers tell you?
 
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