- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
EAD Renewal - Can u still work while u wait?
- Thread starter gcwait000
- Start date
NO!
You can NOT work on teh application for renewal which is jsut pending. You should have the APPROVED EAD to continue working. That is why it is always advisable to send the renewal in advance at least 90 to 100 days before the expiry of the exisitng one.
If you will continue working, you will be considered WORKING WITHOUT AUTHORIZATION and it is ILLEGAL for you as well as for your employer. If the co. understands the situation, what you may do is continue working but don't get paid. Then when the EAD is approved, ask them to give the back pay as bonus. This highly depends on the understanding, sympothy, and your role with the employer.
You can NOT work on teh application for renewal which is jsut pending. You should have the APPROVED EAD to continue working. That is why it is always advisable to send the renewal in advance at least 90 to 100 days before the expiry of the exisitng one.
If you will continue working, you will be considered WORKING WITHOUT AUTHORIZATION and it is ILLEGAL for you as well as for your employer. If the co. understands the situation, what you may do is continue working but don't get paid. Then when the EAD is approved, ask them to give the back pay as bonus. This highly depends on the understanding, sympothy, and your role with the employer.
I read somewhere in immigration law or in one of the attorney websites that once a person is in Adjustment of Status stage and is working on EAD, it becomes the employer's responsibility to complete a I-9 and keep it for their record. The employer is legally bound to do that not the employee. I may be totally wrong on this understanding but would appreciate if somebody more knowledgeable can shed some more light on this issue.
gcFunWaiting
Registered Users (C)
First time I just showed them I-485 reciept and got the interim EAd at local INS. I don't know whether I can do the same thing after a year. It is time for my renewal. My EAD expires in this November. I am an Aug 01 filer.
Any suggestions woild be appreciated. Thank you.
Any suggestions woild be appreciated. Thank you.
gcFunWaiting
I am 110% positive that you will be approved before your EAD expires, but just to be on the safe side, I would advise that if not approved by end of Sep 2002 then just as an Insurance you should renew your EAD.
Originally posted by gcFunWaiting
First time I just showed them I-485 reciept and got the interim EAd at local INS. I don't know whether I can do the same thing after a year. It is time for my renewal. My EAD expires in this November. I am an Aug 01 filer.
Any suggestions woild be appreciated. Thank you.
I am 110% positive that you will be approved before your EAD expires, but just to be on the safe side, I would advise that if not approved by end of Sep 2002 then just as an Insurance you should renew your EAD.
No you cannot
If your current EAD expired and new one has not come yet you are not authorized to work. But you can legally stay in USA. If you are wiaiting for more than 90 days you can just walk into any local INS office and get interim EAD.
Your employers can pay your salary as "Advance" or something like that. But he cannot show it in your paystub as salary.
If your current EAD expired and new one has not come yet you are not authorized to work. But you can legally stay in USA. If you are wiaiting for more than 90 days you can just walk into any local INS office and get interim EAD.
Your employers can pay your salary as "Advance" or something like that. But he cannot show it in your paystub as salary.
gcFunWaiting
Registered Users (C)
Hi everyone, another clarification and problem
Thank you very much July16.
My EAD is "interim EAD" about which my company do not know. I just walked into local INS and got it last year. I made a request to my company yesterday that I will apply for new EAD in VSC along with my wife's EAD renewal. They are accepting to contact company's attorney in regard to my wife's EAD but not accepting me to apply. Last year also while applying I-485, I waas told by attorney that as I am having Visa valid till 2003, there is no need to apply for EAD.
Once upon a time last year, they told me that if one has EAD, he will loose H1 status and come on to EAd status though did not work on EAD. I know this is not true. One more thing is after applying I-485, once I was given termination letter and again rehired within 2 weeks. Ofcourse no gap of Paystubs.
But anyone clarify me whether I am right or not in my situation. So If I do not apply EAD now, will this be a problem as my interim EAD is not known to my company and also company's attorney. But INS knew, I guess.
Awaiting reply with your views in this complicated issue. Thank you very much.
Thank you very much July16.
My EAD is "interim EAD" about which my company do not know. I just walked into local INS and got it last year. I made a request to my company yesterday that I will apply for new EAD in VSC along with my wife's EAD renewal. They are accepting to contact company's attorney in regard to my wife's EAD but not accepting me to apply. Last year also while applying I-485, I waas told by attorney that as I am having Visa valid till 2003, there is no need to apply for EAD.
Once upon a time last year, they told me that if one has EAD, he will loose H1 status and come on to EAd status though did not work on EAD. I know this is not true. One more thing is after applying I-485, once I was given termination letter and again rehired within 2 weeks. Ofcourse no gap of Paystubs.
But anyone clarify me whether I am right or not in my situation. So If I do not apply EAD now, will this be a problem as my interim EAD is not known to my company and also company's attorney. But INS knew, I guess.
Awaiting reply with your views in this complicated issue. Thank you very much.
Visa?
Are you saying that you have H-1 visa valid till 2003, and you have applied or have EAD?
If that is the case, then, as you said, having mere EAD (or INS knowing) does not do any harm. As long as you have valid visa, you are getting pay, you are in status. The EAD you have is just for the safety purpose, and your co. (or 485 for that matter) has nothing to do anything (bad) with it. You are fine.
Are you saying that you have H-1 visa valid till 2003, and you have applied or have EAD?
If that is the case, then, as you said, having mere EAD (or INS knowing) does not do any harm. As long as you have valid visa, you are getting pay, you are in status. The EAD you have is just for the safety purpose, and your co. (or 485 for that matter) has nothing to do anything (bad) with it. You are fine.
gcFunWaiting
Registered Users (C)
immi007
Thank you. Yes I have valid visa till 2003. Also I am having EAD which is expiring in Nov 2002. My company doesn't know about this. In this one year of I-485 stage (My RD is Aug 15 2001) I have no pay for 3 months and again started. Ofcourse terminated and rehired into the same company.
As my company has no idea of EAD, when I requested now that I will apply for EAD, they are rejecting it telling that I am having Valid Visa but are ready to do EAD renewal for my wife.
So question is if I do not get approval by November, then if I do not have EAD, will this be a problem?
Hope mine will approve soon as said by July16. But i worst case...
Thank you. Yes I have valid visa till 2003. Also I am having EAD which is expiring in Nov 2002. My company doesn't know about this. In this one year of I-485 stage (My RD is Aug 15 2001) I have no pay for 3 months and again started. Ofcourse terminated and rehired into the same company.
As my company has no idea of EAD, when I requested now that I will apply for EAD, they are rejecting it telling that I am having Valid Visa but are ready to do EAD renewal for my wife.
So question is if I do not get approval by November, then if I do not have EAD, will this be a problem?
Hope mine will approve soon as said by July16. But i worst case...