Should not work in EAD gap
I was in the same situation back in April this year. My old EAD expired on April 4, 2006, but my renewal did not come through until April 13, 2006. I consulted with an attorney from Sheela Murthy's Law Office regarding my options, and here's what she told me:
- You should not work and get paid by your employer during the gap. If the dependent spouse is also working on EAD, he/she should also not get paid. That effectively means taking a forced unpaid time off.
- You can continue to stay in the country, as long as your I-485 is pending adjudication. Your eligibility to stay in US has nothing to do with the fact that you have a gap in your employment eligibility.
To make matters worse, I did not file for my renewal at least 90 days before the old EAD was to expire. The attorney suggested I could try to get an interim EAD, although she said that would be a very long shot, as the USCIS rules require at least 90 days before issuing an interim EAD.
So I went to the local USCIS office in San Jose to try out my luck, but they refused to give the interim EAD, saying that it has to be at least 90 days from the renewal application notice date.
Bottomline - I ended up taking the forced vacation with no pay (same with my wife too, who was working on EAD). At the minimum, I should have applied for renewal at least 90 days before the expiry of the old EAD. A lesson learned, the hard way!