EAD renewal gap

NJFLgc

Registered Users (C)
Hello,
My current EAD is going to expire and my renewal is filed a bit late. My wife is the primary applicant.

Can I work during the gap, my lawyer told me that I can continue work as long as I applied for the renewal. But I am not sure hoe it goes.
Please advice me.

Thanks
NJFLGc
 
There was discussion on this issue some time back. Some people seem to think you can work but it is probably not a very safe thing to do.

I think if you search the forum, you should get a few hits. Try with EAD AND expired or similar keywords.

Please append if you find anything useful.
 
From what i have read i got an idea that its safer not to work during the time when you are in between EAD renewal days. This is because if your 485 application is adjudicated then this might create a problem later on.
 
There are many views on this.

some lawyers strictly advice one should work during the gap

some individuals take the chance of continuing to work even during the gap, as it is highly unlikely INS can find out . Because even the W2 is issued on yearly basis.

However there is a provision under 245 (k) that says your adjustment of status will not affected if the period of unauthorized employment does not exceed 180 days

I am yet to see a post in this forum that someone actually took benefit of this provision

so better safe than be sorry.

thks

hsubbu
 
It indeed is unlikely that INS would make problems regarding this but they can easily figure it out if one doesn't have H1 or other work visa valid and there is a gap in EAD validity.
The way they can find out whether you worked is by looking at the paystub and number of hours worked in a specific month.
However I do agree that provision 245(k) is a golden parachute in these cases.
 
I had checked with my lawyer during my gap of EAD renewal. She strictly advised going on unpaid leave. She said EAD is a work related document (not a visa). So just filing for renewal does not make you eligible to work.

She also mentioned that if unauthorized work is performed during that period, it would jeopardize the 485 process.
 
Top