EAD renewal - missed the 90 day window

[Goku]

Hi

I forgot to apply my EAD renewal 90 days before the current expiry date. ( I have applied for it about 45 days before the current expiry date ).

So is there anyway I can continue working if I don;t get it approved in time?

If anyone succeeded in getting interim EAD before 90 days, please advice.

thanks

 

[CaliGC]

My 2 Cents - Get Premium Processing.

Dude!

If you fear your job loss or status... I would recommend you apply for Premium Processing 3 weeks before your current EAD expiry.

Also, I'm sure your EAD will get approved quite before that.

Hope this helps... I'm not a lawyer and this is not an legal advice.

 

[GHEBAUER]

Hi

I forgot to apply my EAD renewal 90 days before the current expiry date. ( I have applied for it about 45 days before the current expiry date ).

So is there anyway I can continue working if I don;t get it approved in time?

If anyone succeeded in getting interim EAD before 90 days, please advice.

thanks

Hi Goku ,

Just continue working , do not worry , you apply 45 days before , probably will take more to get it , but maibe you are lucky , and the EAD will be aproved faster !!! Just go on with your job , and show them the extension request , just in case they ask for any info !!! Usually , you must get it in max 90 days , but there is hope too , that will get your aplication aproved faster , it's just luck everything depends on these guys how they do their job !!! Keep faith , and you'll get it !!!

 

[max2k1]

Hi Goku ,

Just continue working , do not worry , you apply 45 days before , probably will take more to get it , but maibe you are lucky , and the EAD will be aproved faster !!! Just go on with your job , and show them the extension request , just in case they ask for any info !!! Usually , you must get it in max 90 days , but there is hope too , that will get your aplication aproved faster , it's just luck everything depends on these guys how they do their job !!! Keep faith , and you'll get it !!!

This post is just plain wrong and misleading.

You CANNOT work unless you have a valid EAD card in hand (receipt notices, fax copies etc etc won't do)
Your employer would have to get a modified I-9 filled out using your new EAD information.

Do NOT work without your EAD - if USCIS finds out that you engaged in unauthorized employment, your 485 could get denied.

btw, there is a pretty OK chance that you get your EAD renewal in 45 days.

 

[Goku]

This post is just plain wrong and misleading.

You CANNOT work unless you have a valid EAD card in hand (receipt notices, fax copies etc etc won't do)
Your employer would have to get a modified I-9 filled out using your new EAD information.

Do NOT work without your EAD - if USCIS finds out that you engaged in unauthorized employment, your 485 could get denied.

btw, there is a pretty OK chance that you get your EAD renewal in 45 days.

This is the advice I got from my company'e legal counsel too.

I think getting an interim EAD is my only hope as my company is aware of my situation now

Any suggestions for getting an infopass appointment for an interim EAD before 90 days?

thanks

 

[ari4u]

Hi Goku ,

Just continue working , do not worry , you apply 45 days before , probably will take more to get it , but maibe you are lucky , and the EAD will be aproved faster !!! Just go on with your job , and show them the extension request , just in case they ask for any info !!! Usually , you must get it in max 90 days , but there is hope too , that will get your aplication aproved faster , it's just luck everything depends on these guys how they do their job !!! Keep faith , and you'll get it !!!

Just because the employer does not check and laws are not strictly enforced, it doesnt mean one can skirt the law and work without authorization. Please refrain from encouraging people to skirt the laws. Extension request is not a valid employment authorization and i totally agree with everything max posted.

To the OP... take a vacation till you get your EAD... dont work so hard

 

[TheRealCanadian]

Do NOT work without your EAD - if USCIS finds out that you engaged in unauthorized employment, your 485 could get denied.

Wrong.

245k prohibits USCIS from denying an adjustment for this reason, and is in the law explicitly to allow short breaks in employment authorization.

 

[Goku]

Wrong.

245k prohibits USCIS from denying an adjustment for this reason, and is in the law explicitly to allow short breaks in employment authorization.

While this is true, that does not make me working without EAD legal. And I doubt my company has any interest in cutting corners in this regard.

Still no one is saying anything about interim EAD. I have seen posts in this forum indicating that people had done it before. But many of those posts are pretty old. I'd love to hear recent experiences of ppl who have tried. with or without success.

And any memo/document which suggests that the officer has an option to approve interim EAD before 90 days will be helpful.

I'll try for an interim EAD next week. Will let you know how that works out.

thanks

 

[dms]

To the OP... take a vacation till you get your EAD... dont work so hard

That won't work either - just because you are on vacation doesn't mean you are not employed. If you can afford to take this route then your employer will need to put you on unpaid leave of absence (LOA). This is a mechanism that most companies have in which someone still has an open job, but is temporarily not actually employed for some reason.

As others have said, 245k will protect you (for up to 180 days), but your employer is still breaking the law, either by not re-verifying your employment authorization or, worse still, knowingly allowing you to work without valid authorization. Vary few larger companies are likely to do this just to help out one employee, so LOA may be your only option if you are left without a valid EAD.

 

[TheRealCanadian]

That won't work either - just because you are on vacation doesn't mean you are not employed.

But he's not doing work, which is the most important thing. USCIS doesn't care if you're an employee or getting paid, they just care if you're WORKING.

Vary few larger companies are likely to do this just to help out one employee, so LOA may be your only option if you are left without a valid EAD.

That's a fair and valid point, yet there are also a lot of larger companies that totally lose track of employment authorization, so while I would NOT suggest that they overly work without authorization, it might be interesting to keep working as if nothing happened and see what occurs. I've gotten panicked calls in the past (OMG your EAD expired a year ago!) when I was a PR for several months already.

 

[saffronizeddesi]

Use Premium Processing Service

You cannot be on vacation with the employer with an expired EAD. Goku, I think you have two options

1. Use USCIS premium processing service 3 weeks before your current EAD expires. USCIS premium processing form has a statement saying that you can use premium processing for already filed EAD applications as long as they are still pending.
2. Discontinue your current employment day after your current EAD expiry date until you get renewed EAD.

Just want to mention to you that I am in the same boat with you. My EAD expires in next 80 days and I haven't applied for renewal yet. You need not have to worry if you can spend additional $1000.

But he's not doing work, which is the most important thing. USCIS doesn't care if you're an employee or getting paid, they just care if you're WORKING.



That's a fair and valid point, yet there are also a lot of larger companies that totally lose track of employment authorization, so while I would NOT suggest that they overly work without authorization, it might be interesting to keep working as if nothing happened and see what occurs. I've gotten panicked calls in the past (OMG your EAD expired a year ago!) when I was a PR for several months already.

 

[Goku]

You cannot be on vacation with the employer with an expired EAD. Goku, I think you have two options

1. Use USCIS premium processing service 3 weeks before your current EAD expires. USCIS premium processing form has a statement saying that you can use premium processing for already filed EAD applications as long as they are still pending.
2. Discontinue your current employment day after your current EAD expiry date until you get renewed EAD.

Just want to mention to you that I am in the same boat with you. My EAD expires in next 80 days and I haven't applied for renewal yet. You need not have to worry if you can spend additional $1000.

I don;t think the premium processing option is available yet. They have said the they intend to make this option available. But not published the date from which this will be available. But since you have 80 days, they may publish this date soon to be useful for you.

 

[TheRealCanadian]

You cannot be on vacation with the employer with an expired EAD.

What basis do you have for making such a statement?

 

[Labor_Wait]

Can Someone work on EAD Receipt ?..

A friend of mine his EAD got expired and still waiting for EAD approval. He called his attorney and according to him any one can work if they applied for an extension, like H1 extension, with their application receipt! I am not sure how true this is ? and my friend gone to local INS office and they also agreed that he can work on receipt. If this is true why someone spend 1000$ for priority process ?..

 

[TheRealCanadian]

He called his attorney and according to him any one can work if they applied for an extension, like H1 extension, with their application receipt! I am not sure how true this is ?

It's not. A timely filed extension of non-immigrant status extends employment authorization by 240 days, but an EAD is not a non-immigrant status.

 

[Labor_Wait]

It's not. A timely filed extension of non-immigrant status extends employment authorization by 240 days, but an EAD is not a non-immigrant status.

This is more technical... can you please elaborate.. is this not true for only employment based EAD ?

 

[TheRealCanadian]

This is more technical... can you please elaborate.. is this not true for only employment based EAD ?

Since an EAD is not a non-immigrant status, how it was obtained is irrelevant. If you get your EAD by being filing an Immediate Relative or Family-Based I-485, the situation is the same.

The only situation which *might* be different is an alien obtaining an EAD by being in E-2, J-2 or L-2 status.

 

[max2k1]

A friend of mine his EAD got expired and still waiting for EAD approval. He called his attorney and according to him any one can work if they applied for an extension, like H1 extension, with their application receipt! I am not sure how true this is ? and my friend gone to local INS office and they also agreed that he can work on receipt. If this is true why someone spend 1000$ for priority process ?..

AFAIK, this is not correct. EAD receipt does not extend your authorization to work.

I am surprised that this is coming from an attorney -- this is not exactly an obtuse legal thing - its pretty simple

 

[Eduardo78]

So.. which one is it? Can or I can't work if my EAD had expired and am waiting for my new EAD?? Family based AOS.

 

[gcok2006]

So it is legally to stay in USA when waiting for EAD extension?

Hi Max and all,

Thanks for your information. I am in similar situation now, just (e-file)submitted the EAD renewal last week but it will expire in 80 days.

Now I understand that to continue to work, we have to get EAD renewal approval. But if not lucky, I have 10 days gap. In these 10 days, I have to take LOA, but should be legally stay in USA?

thanks

AFAIK, this is not correct. EAD receipt does not extend your authorization to work.

I am surprised that this is coming from an attorney -- this is not exactly an obtuse legal thing - its pretty simple