EAD Renewal problem for employee

L

Lunastar

Registered Users (C)
Hey there,

I'm not sure where to post this correctly. Here's the situation:

we have an employee we recently hired, and now found out his current EAD has expired, and he's in the process of renewal. We got a letter from him that says he's in the process of renewing the card, but when we send that to the HR department, we're told that's not proof that he's allowed to work now. A letter from his lawyer doesn't do it either, since it's not government issued.

Does anyone know what he can obtain that proves he's allowed to work currently?

Thanks much, we think he's very good, but we'll have to terminate him if we can't obtain the right documents.
 
Lunastar said:
Hey there,

I'm not sure where to post this correctly. Here's the situation:

we have an employee we recently hired, and now found out his current EAD has expired, and he's in the process of renewal. We got a letter from him that says he's in the process of renewing the card, but when we send that to the HR department, we're told that's not proof that he's allowed to work now. A letter from his lawyer doesn't do it either, since it's not government issued.

Does anyone know what he can obtain that proves he's allowed to work currently?

Thanks much, we think he's very good, but we'll have to terminate him if we can't obtain the right documents.
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I think there's a way. To be 100% sure I'd call USCIS directly and ask them what to do (besides termination).
 
I don't know if calling would be a good idea. We were thinking of sending the employee to the office to ask, but not so sure where he should go. I also don't remember the website where you can make an appointment to ask questions about the case...

We can give him some info on how to get the docs, but we can't go further than that...
 
Lunastar said:
Thanks much, we think he's very good, but we'll have to terminate him if we can't obtain the right documents.
Click to expand...

If he doesn't have a valid EAD, then he's not authorized to work.

Seriously, why won't you just put him on unpaid (or paid) leave until the new EAD comes in? Unless you're a fast food restaurant or he's an unskilled laborer, almost invariably it'll take longer (and be more expensive) to fire him and find a replacement.
 
We can't do that, if he doesn't have the correct documents, we're not even allowed to actually hire him. It was a mistake noone saw that. We don't want to terminate him, but we can't keep him on payroll like this.

I thought if he's in the process of renewal, though, that there is a document the USCIS can provide, since in theory he never stopped being allowed to work. We can reinstate him once he has the permit, but I don't want to get to that point since we need him for next week.

If anyone has any ideas, they will be greatly appreciated.
 
As stated on form I-9: Employment Eligibility Verification - employee has to produce EAD withing three days of hire or NOA as a proof that his EAD is in the process. In this case, he has to show actual EAD withing ninety days.
 
Sadly, I am in same situation like your employee. My EAD is under background check just like my pending i485. I have been getting an interim EAD every 3 months since July 2005. Now my local office (Des Moines) stopped issuing EADs since Sep 2006 and I am stuck. I am working now since 40 days with no pay. My appointment was terminated by the university where I work. Really depressing. My local officers has nothing to (or have but refuse to) offer. 1-800 number has no clue why EAD is delayed for over 18 months. Congress man involved in the case but never heard from for over a month. What Can we do? a lawyer?

I have 2 kids and my wife is a student. Soon we will be out of pocket and really need someway to earn a linving.

Very depressing.
 
I called customer service today over my late EAD and they said I should go to Chicago office because they still have authority to issue iEAD. The said thing is that lazy biatches do not wanna help. You should try anyway.
 
saqer said:
Sadly, I am in same situation like your employee. My EAD is under background check just like my pending i485. I have been getting an interim EAD every 3 months since July 2005. Now my local office (Des Moines) stopped issuing EADs since Sep 2006 and I am stuck. I am working now since 40 days with no pay. My appointment was terminated by the university where I work. Really depressing. My local officers has nothing to (or have but refuse to) offer. 1-800 number has no clue why EAD is delayed for over 18 months. Congress man involved in the case but never heard from for over a month. What Can we do? a lawyer?

I have 2 kids and my wife is a student. Soon we will be out of pocket and really need someway to earn a linving.

Very depressing.
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I never knew that EAD is also subject to Name Checks.I have my EAD approved but my I-485 is Pending Name Check.
 
I don't think they are. He confused pending name check for I-485 with I-765. I-765 can't be processed without fingerprinting but I doubt that name has to be cleared for the EAD. As always, they are f...... us up... My EAD is pending more then 5 months and they don't give a f... :mad: :mad: :mad:
 
Glorya said:
I don't think they are. He confused pending name check for I-485 with I-765. I-765 can't be processed without fingerprinting but I doubt that name has to be cleared for the EAD. As always, they are f...... us up... My EAD is pending more then 5 months and they don't give a f... :mad: :mad: :mad:
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I am not confusing the two name checks. There is a a background check even for EAD. It only happens to the to most unfortunates.
 
Glorya said:
As stated on form I-9: Employment Eligibility Verification - employee has to produce EAD withing three days of hire or NOA as a proof that his EAD is in the process. In this case, he has to show actual EAD withing ninety days.
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If this is true, then that would be great, but my HR department is saying the 90 days are from the date of the NOA, not the date of hire. Is this true??

Thanks for all your help!
 
If he can't produce actual EAD now, NOA will do. Government has to issue EAD within 90 days of NOA date. Hope this helps for three months.
 
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