EAD Nearing Expiration and awaiting for Renewal Approval

[PFGP]

Hey,

I have come across some really good information. My 3rd EAD will expire in the first week Jun 06 and I have applied for renewal @ VSC - RD 4/11/06.

My renewal got delayed due to new lawyer was taking his vacation in europe..... I am worried. I heard from this forum, once your EAD is expired, then you can not work till you get the renewal.

I took infopass appointment and went to Local USCIS office to meet Immigration officer. I shown her my current valid EAD as well as Receipt received for Renewal application, and asked her can I work even after my current EAD is expired and new one is in process.... To my Shock... She replied... Yes. You CAN. If your employer do not required see your new EAD card ... USCIS do not have any concerns.

Isn;t this a shock.... I want to inform the same to this forum....

Please check with your local USCIS office....

I hope this will help if any one got stuck due to their lawyers......

 

[dms]

I believe the officer is referring to the provisions of 245(k) which allows most (but not all) people with pending employment-based AOS to be out of status or working without authorization for a maximum aggregate time of 180 days. Of course, you employer is breaking the law by not reconfirming your employment authorization, and many larger companies will not take this risk.

Whilst what the officer said is technically correct, don't be fooled into thinking this is a carte blanche to delay EAD renewals. If you go over the 180 days for any reason then you are screwed.

 

[Eduardo78]

Hi!

I am in a similar situation. My EAD expires 06/30/2006 and I have just sent my AOS based on marriage to a USC for processing. They have cleared my checks, so I assume that they have accepted the apps and will process everything relatively soon, including my new EAD. My concern is that my employer may ask for my new EAD, as they know that it expires. Can I work while i am waiting for the new EAD? I am supporting my household at the time, bcause my wife lost her job, and losing mine will be terrible. Any suggestions? I would really appreciate it!
Thanks!!