EAD : New Rule

[alterego2]

If what you said above is true and factual, then I may be wasting my time driving 180 miles in this nasty weather to request an intermin EAD. Not only do I drive that far, I also take a personal day (which could have been used for a real and valid reason, not wasted because of USCIS incompetence), and maybe not even get the interim EAD.

Wonder where does that leave me in terms of legal matters? If my EAD expires on Wednesday per se, and I don't have a renewal card from USCIS, and the district office does not issue an interim card, do I become illegal on Thursday? Do I stop working until I hear something from USCIS? Or do I continue working as if nothing has happened, and wait for the card anyway?

See, how these questions and concerns impact our daily lives, affect our peace of mind, and distract us from other, more important matters...

Technically, there is not one good reason why USCIS will not process a renewal card within 90 days of filing, other than a deliberate vile attempt to harass ordinary people. Whether they randomly pick on people, or just mark some people is an unknown to me. I know that I have found myself in a limbo yet again, and it feels like deja vu all over again...

To make the situation even more perverse than it is already, you do not become illegal on thursday as you feared.
You will be legal to stay in this land, but illegal to work in it! What a set of garbage, but nevertheless per the letter of the law, you are in legal status as long as you have 485 pending. You however can only work with work authorisation.
This entire system was set up in an era when you were expected to be in the 485 stage no longer than perhaps 1 yr or so. The concept of multiple EAD renewals, year after year after year after year is relatively new! Hence we are like columbus explorers not exactly knowing where we are going and hoping desperately that we don't fall off the edge of the world!

Sorry buddy. I have no better news for you. Should tomorrow, my fate be the same then, I too will end up in status but unable to work.

 

[Jackolantern]

That would be great news indeed, if it is true. We need to hear a few more cases like this before we know this for sure. So anyone who gets their EADs renewed, please post their experience. I have had 2 renewals and lost about 3 months each time. So technically I am renewing every 9 months. My lawyers fee for it is $1000 per husband and wife, for the EAD/AP.

Why use a lawyer at this point? Especially at that cost? EAD and AP are simple enough to apply on your own.

If you really want the "safety" of using a lawyer, you could use them on a consultative basis instead. Fill out a rough copy of the forms, and have them sit down with you for one hour to give suggestions or point out mistakes. That one hour should cost under $300.

 

[Gee!See?]

One does not become illegal when the EAD expires. As long as you have a valid pending I-485, your presence in this country is legal. The EAD is simply a document that allows you to work for pay.

My experience with EADs :
1) Currently on 2nd renewal (3rd EAD).
2) VSC approved the EAD within a week, for both the renewals.
3) 1st renewal was submitted 2 months in advance and was approved within a week - I therefore "lost" about 8 weeks due to validity date overlap.
4) Specifically asked for non-overlap validity dates in the cover letter of my 2nd renewal and USCIS obliged. My 3rd EAD does not overlap with the dates of my 2nd EAD.

The EAD cards always come enclosed within in a tri-fold sheet of paper. The top part of this paper is a tear-away counterfoil containing your alien number and a barcode with your EAD receipt number.

USCIS can use this barcode to pull up your entire case file - eliminates manual typing errors and reduces manual work for the USCIS officers. I always attach this counterfoil when applying for my renewal - believe me, it speeds up the process.

EAD expiry and working : A friend of mine was in the exact same situation as alterego and gc_trap. In fact he had just then used AC-21 to leave his consulting firm for a permanent job and a month later, his EAD expired while his renewal was still pending. He contacted HR and Immigration dept of his new employer and they said there would be no problem.

This appears to be totally at the discretion of the employer - so I would advise all you folks to talk with your HR/Immig dept.
Hope this helps ......

Cheers !!

 

[Jackolantern]

EAD expiry and working : A friend of mine was in the exact same situation as alterego and gc_trap. In fact he had just then used AC-21 to leave his consulting firm for a permanent job and a month later, his EAD expired while his renewal was still pending. He contacted HR and Immigration dept of his new employer and they said there would be no problem.

This appears to be totally at the discretion of the employer - so I would advise all you folks to talk with your HR/Immig dept.
Hope this helps ......

Cheers !!

It's not at the discretion of the employer, it's at the discretion of USCIS. He just got away with it because they didn't audit the employer (which they hardly ever do, given the millions of illegal aliens working here).

 

[GotPR?]

EAD expiry and working : A friend of mine was in the exact same situation as alterego and gc_trap. In fact he had just then used AC-21 to leave his consulting firm for a permanent job and a month later, his EAD expired while his renewal was still pending. He contacted HR and Immigration dept of his new employer and they said there would be no problem.

if I said this, I'm sure that some people knowingly tries to abuse system and I really hate to see such act, but fact is EB GC process forgives up to 180 days unauthorized work. It's written in 245(k).
I'm just giving you the fact and am not intended to encourage it. Be decent.

 

[indian_gc_ocean]

Just came across a relevant discussion in murthy '03 chats, (I am not an expert, please use it at your risk -- just thought i would point to some leads before anyone looses job even after applying for EAD 90 days before expiration.)

http://www.murthy.com/chatlogs/chat0428_P.html


Chat User : My EAD expired April 1st. Then I filed a renewal on April 5th. Is there a problem if there is a gap between EADs?

Attorney Murthy : There is not a problem for the renewal. It is not like an extension of status that has to be filed before expiration. However, there may be other problems since a person cannot work without having the EAD, so the gap in work may be quite large. One may risk losing the employment or working for that employer without valid work authorization which could create problems for obtaining the I-485 approval if the total time a person is out of status or works without authorization exceeds 180 days in the aggregate. Also, the BCIS, will only backdate the EAD approval if the EAD extension was filed prior to the earlier one expiring. Now the new EAD will only be valid from the date of its approval by the BCIS.

 

[Jackolantern]

Woooo hooooo! They approved it for one your after the expiration of the current one. So I'm all set until May 2008! Hopefully this will be my last EAD before getting the GC.

 

[eBhola]

Woooo hooooo! They approved it for one your after the expiration of the current one. So I'm all set until May 2008! Hopefully this will be my last EAD before getting the GC.

When U applied for 3rd EAD .. how many days were left on 2nd EAD...
Hmm for worldwide guys .. this indeed might be your last extension ever.

 

[Jackolantern]

When U applied for 3rd EAD .. how many days were left on 2nd EAD...

Almost 5 months.