EAD renewal and gap

A

apbz

New Member
Hello,

My EAD will expire on 7/3/03. I have applied (only on 5/21/03) for the EAD renewal document, which means that I will not receive the new card probably until late August or September.

Can I continue working during the time that I don't have an actual unexpired document, July through September?

Please help.

Thanks.
 
No I do think it is good idea to work without EAD approval.Infact it is illegal and could geopardise your GC.

What you can do is take unpaid vacation i.e keep working and get paid later when the EAD renewal is done.Don't have the paystub during the EAD gap. You may have to speak to your HR people on the unpaid vacation.
 
Yes GCseeker is right. It is illegal to get paid when you dont have valid employment authorization. For these 3 months, you are putting all your life in US in jeopardy...
 
In this situation can you walk to the local INS office and get an IEAD? Thanks for the response.

muntasir
 
You can always try to get interim EAD. whether you will get it depends on many factors:- starting from 90d+ from RD, to whether you are a concurrent filer, family based application.... etc.
 
Do we have to take an appointment to get the interm EAD...I assume that we will get this from local INS office right
 
curious to know

How INS is going to know that, you are working in a gap between EAD's. If employer ignore it.
 
You will have to walk into the BCIS ASC to get the interim EAD. Some local BCIS offices have policies about when walk-ins are welcome. Check their policy before going (see BCIS website-field offices)

When you go for I485 stamping you will be caught and will be deported. If you slip through the crack, your violations might be discovered when you apply for citizenship or GC renewal or simple traffic ticket related immigration check- like the one for a GC holder who was deported because he failed to file AR 11.
 
Most likely, I will have the same situation as well, which is a gap between EAD expiry and the approval of a new one.
My lawyer told me that I cannot be on the company payroll.

What is the exact meaning of not on the company payroll ?
1. Leave of Absence ?
2. Unpaid leave / vacation ?
3. Quit ? ( I hope this is not the only option).
4. Something else ?

Your help is greatly appreciated.

Thank you.
 
Same Situation

Hi,

I was happy to see this thread as I am in the same situation.. Today I received an RFE for my EAD renewal and my current ead is expiring June 25th... I dont think even if I respond to rfe my renewal is going to make it before 25th..

So PLEASE IF SOMEONE IN THE SAME SITUATION CAN GUIDE US IN THIS DIFFICULT TIME IT WOULD BE GREAT.

As someone asked before WHAT EXACTLY U MEAN BY NOT ON COMPANY PAROL

tHANKS
 
ylie1:unpaid leave would be a good option. Discuss with HR. Some HR personnel can get creative.

Your paystub should reflect the gap. And subsequent paystubs should not show backpay or arrears payment...
 
245(K)

Jaxen

It seems that sec. 245(k) says that adjustment of status will not be affected so long as unauthorized employment does not exceed 180 days

I also saw that murthy.com had also quoted this in one of the FAQs.

Your thoughts on this. Or is it not advisable for anyone to rely on this provision
 
I am in the same situation or even worse!

I applied for EAD renewal on 03-08-2003, got an RFE on 16th May, and submitted my reply immediately- Now waiting for adjudication.

My current EAD expires by tomorrow. Client is not allowing coming to work with out valid EAD.

Tried for I-EAD, no luck!. It seems LOCAL INS offices have orders from district office not to issue any I-EAD's. God know how far it is true. They are merciless!
Any idea if I can try at a different INS office???? Please share your thoughts!!!
 
Can you please share what was your RFE for? Also which service center you had applied...

I am going to be in the same situation as yours as my ead expired June 25th and I received an RFE yesterday... Did u talk to your HR in the company and explain them the situation...

You can tell them to make your status inactive and you can still work but wont get paid for about a month

Hey and do u know how long it take to get the ead card after the rfe is answered

please post your response here when u get your ead

thanks
 
I tried all the options, unpaid, volenteer, leave of absense etc., etc., None worked. It depends on how big is ur company and client! In my case they both are huge and they just go by what the law states! - It seems the companies should not allow somebody to work(Unpaid/paid) without permit.
So technically they should fire you and hire you back once EAD is approaved. That is what is happening in my case!

If your company is small then you can ask them to allow you to work unpaid until you get ur EAD and pay for your services as overtime after you get the EAD.

Regarding RFE, they asked me for proof of 140 receipt/ approaval.
Its again a very weird RFE to be received, but hey its INS!


Can someone please reply if it is allowed to go to an INS field office other than your LOCAL office to obtain I-EAD? My local office denied to issue I-EAD. It really sucks!
 
thanks for the response... Well I had asked my lawyer about it and she said that 95% of local INS offices do not issues I-EAD if you have an rfe issued on your application.. It really does not matter if you have responsed to your rfe... It really sucks...

In my case too i guess I will have to terminate my appointment and then re-hire.. The danger in doing this is they may hire someone else in my position to do the job...

One more question.. On your receipt notice for rfe what does it say for how many days it will take to approve the case once rfe is received....

Also which service center did u apply?

Thanks
 
After submitting "I-140 Approval Docs" as part of RFE documentation, It says it will take 60-75 days for the decision, but it also says as its a response to RFE it might take less than the final date --- hopefully!!!
It's from Nebraska Service Center.
What was your RFE for and which service center have you applied to?
 
Last edited by a moderator:
well as of now I do not know what the RFE is... A letter was mailed by INS last Wednesday.. So I am hoping to get it next week..

Mine is VSC....
 
EAD renewal and gap (approved)

Thank you for all the suggestions.
Apparently, my EAD extension has been approved and received.
RD: 4/25/03
ND: 4/28/03
Approval Date: 5/30/03
Received the card today 6/10/03. This is from Texas Service Center.

I hope other applicants and other service center could have the same or better experience than mine.

Regards.
 
You must log in or register to reply here.
Top