EAD might expire before new one comes in

rsc

Registered Users (C)
Hi all,

My current EAD expires end of May 06. I filed extension 2 weeks ago.

What happens if my current EAD expires and new one isn't approved yet? Can I keep working? Do I have to wait and get interim EAD and then resume working? The law on this has changed before. I just wanted to know what the latest was.

Thanks.
 
I think you should get EAD by then ( within 2 months of your application).

Interim EAD can be obtained if its more than 90 after applying (perhaps after notice date... not sure). In between, my GUESS is that you should not be working (unless you get an interim EAD). you can work something out with your employer if they are willing.

You may already know this - its recommended to apply for renewal 100 days in advance of EAD expiry.
 
I am in the same boat. The way the processing date moves, you should get the new EAD card between 1.5-2 months. Mine will expire in two weeks. Hope it comes in this week.
 
I believe that, as long as you have the notice from the UCIS that they've received your request of EAD renewal you are in "pending" status and you can work..
 
As far as i know, you can't work with receipt notice for EAD.. before your current one expires, the applied one has to be approved.. Otherwise you can't work that means you shouldn't be in the payroll at all..

Hope it gets approved...Good luck
 
thanks for replies but...

...there doesn't seem to be anyone else replying who was in the same boat and who know for sure what to do in such a scenario.
 
jkvaisnavi said:
As far as i know, you can't work with receipt notice for EAD.. before your current one expires, the applied one has to be approved.. Otherwise you can't work that means you shouldn't be in the payroll at all..

Hope it gets approved...Good luck

You are correct.
One can not work with the receipt of the EAD.
If you obtain interim EAD, you are okay, otherwise you have to go
on an indefinite leave until you get it. You can not run payroll during
that period, it is illegal.
 
you can work

First of all, u will get the EAD with in two months.

If you have the receipt notice for EAD renewal, you can continue working. I came across this situation and my employer asked the proof of EAD renewal (receipt notice) to continue to work.
 
GCPAPA said:
First of all, u will get the EAD with in two months.

If you have the receipt notice for EAD renewal, you can continue working. I came across this situation and my employer asked the proof of EAD renewal (receipt notice) to continue to work.


But law says one should have the approved EAD to continue working? My EAD is not approved yet and its been more than 2 & 1/2 months. I am getting nervous.

I hope my EAD approval comes soon.
 
I was in the same boat..

Lawyer advised that I will have to take leave of absence. Fortunately, my EAD came in the last week of expiry.
 
I have two friends who came across same situation, in both cases they went on UNPAID LEAVE. I believe you cannot work until your EAD is APPROVED.

mukvij said:
Lawyer advised that I will have to take leave of absence. Fortunately, my EAD came in the last week of expiry.
 
LUD on EAD Renewal but no change in status

hi!

i saw LUD on 04/11/06 on my I-765 EAD renewal but no message change as I applied for EAd renewal last month ??????????? any Clue Not approved but LUD ?????????
 
I am in the same boat. I am sure you can't work while your I765 is pending cause I try to get the interim EAD but of course it's unsucessful. The officer said it is illegal to work if I don't have the approval. Hope mine will be approved in this week and I can print the status to show to my employer before the card comes.
 
I was in the same situation. But for me i got my EAD in time.

You need to have a valid EAD to work. For you to work your employer files a I-9 which needs the info that is on the EAD card. And with out a valid I9 your employer cannot run payroll. (atleast this is what i got from my employer.)
 
luck4321 said:
I am in the same boat. I am sure you can't work while your I765 is pending cause I try to get the interim EAD but of course it's unsucessful. The officer said it is illegal to work if I don't have the approval. Hope mine will be approved in this week and I can print the status to show to my employer before the card comes.
Unfortunately, you need to show your employer the actual EAD card - I don't think a print-out (or) a photocopy even would work as a substitute.

Keep your fingers crossed and hopefully your card will arrive soon enough.
 
We have a guy in the office who's EAD expired few months back. If I got that right one should not work illegally for longer than 180 days. So, he went into a local office and they simply said they gonna order him a new card. That's it.
 
I got an approval email today from USCIS. The EAD was approved yesterday. USCIS will send me the approval notice today and I probably will receive it by next week. So I just make it. I don't know when the card will be arrived cause it says it need to be ordered.
 
One thing. I usually mail the renewal mailer which you get it when you get your EAD card. I don't know that will speed up the process.
 
Hi,
Just wanted to ask you that when you applied for EAD and Adv parole. We applied for them on March 13 but havent received any thing yet.
 
Important!!

I can see some imtelligent ppl saying U CAN"T work w/o actual EAD..I think thats true...There is no way u can work w/o it

Someone said u have to go on UNPAID LEAVE which maks sense..But what if the employee already has some vacation left..! I think some computers may not sanction unpaid leave if the employee has some vacation left...It would rather use that vacation..But on this case u would be ON PAYROLL & the whole purpose is defeated!!!

Any comments??
 
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