EAD renewal and gap

[joyin111]

Hi Jaxen,

I didn't know that I-EAD's were not issused at Baltimore. I read the Interim EAD Policy at immigration.com which says Baltimore issues I-EAD in 2-3 weeks.
I just gave it a try and went there. The officer also did not tell us anything and accepted the I765 form and wrote duplicate on that and told we will receive a letter.
Why do u think I should not have gone.? And do u know cases that have not received I-EAD at Baltimore.?? Any information on this one would be appreciated.

Do u think my next state Norfolk, VA will issue me a I-EAD??

Thanks,
Joyin55 (Same as Joyin111)

 

[ATLDesi]

Originally posted by jaxen
ATLDesi spend some time in immigration.gov and the I485 FAQ section

Jaxen,

I did and still have no answers. Do you have any specific URL from BCIS that clearly states about employment eligibilty for the duration when OLD EAD expires and the new EAD hasn't been approved yet?

Also, does the Atlanta BCIS office do interim EADs?

 

[che22]

Did u receive ur EAD??

Originally posted by nps123
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!!!

che22..

I think trying in a different office is not going to harm anything.
Also try in the same office more. Who knows u may have luck this time..
Share ur experience.

 

[jaxen]

The first link is about legal or valid status. We all know that not having a valid EAD does not make an adjustee's BCIS status illegal or invalid.

The code of regualtions Sec. 274a.12 Classes of aliens authorized to accept employment is the authority for EAD and gap.
(Khoula has extracted section (c) item 9 for those who cannot find what he has posted).

But you have highlighted the wrong portions of the sentence. That sentence about no need to get new employment authorization in order to work starts with Upon meeting these conditions, . Those conditions are
1.if the alien has otherwise obtained permission from the Service pursuant to 8 CFR 274a.12 to engage in employment - EAD?
OR
2. if the alien had been granted employment authorization prior to the filing of the adjustment application- EAD before I485?

AND
3. such authorization does not expire during the pendency of the adjustment application...

Read the second sentence in that paragraph. EAD will expire- i.e. authorization will expire , i.e. unauthorized Alien....


Okay Onto the next section. 245(c) talks about how even after some violations you can get the green card. except if you are under 204(a)(1) category (fiance(e),spouse/child of US citizen, spouse, child of GC holder, parents...)

Unless yours is a family based adjustment of status, EAD gap will make you an unauthorized Alien. I rest my case.

 

[neversaydie]

Hi Guys

I was visiting this thread to find answer to my stupdity of not enclosing the photographs for my EAD and AP renewal...I sent it the application a day back..

Can I call the BCIS to remedy it or will my application be rejected or returned with RFE...

Worried as my EAD expires in October 2003.

Any update is helful...

Thanks

 

[che22]

neversaydie,
You can call the INS 1800 number given in the I-485 receipt and talk to a rep who may have some answers what to do about it..
Good Luck...

-che22

 

[ChiaHead]

Jaxen,

But doesn't 245(k)(2)(B) give EB1-3 applicants a 180 day break?

(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8) , if--

(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days --
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission.

Thanks for reply....