EAD renewal question

Silly Man

Silly Man

Volunteer moderator
Say I file for EAD renewal, change jobs, and EAD renewal hasn't shown up in mail yet (Umm lets say I donot even get iEAD), can I still continue working for the new employer, or do I have to take a break?
 
Yes if your current EAD had expired

and you had already filed an I-9 using the EAD which seems the case because your question included a job change..
 
This is nothing but Employment Eligibility Verification form which every employer has to fill for you no matter if you are citizen, or GC holder or H1.

I think in case you don't have valid EAD you can't work.

but you are guru, u know more than anybody else
 
nell, nv, and vipisha thanks. Nah I'm no guru.

So am I supposed to fill this form and submit it to INS or ... does the employer fill it? Does the employer give me a copy of it? (Do I keep a copy of it to be safe?)
 
I-9 is the responsibility of the employer

SM, you do not have to do anything if you do not plan on changing employers and will continue on H1.
If you do want to continue to work for the same employer on (i)EAD, you will have to let him know and they will take a photocopy of the EAD and fill in the I-9 form.
You will not be held responsible if the employer fails to complete the I-9 form (just have proof (like e-mail confirmation) that you did convey your intent to the employer and you do not have to inform the INS.
I did start working for the same employer on EAD and went through this process (with the HR) of completing the I-9 because the H1 extension that my company filed in Sep 01 is still pending with the INS.
 
Thanks ls, I guess so the consensus is, that as long as you presented a valid EAD when changing jobs, you are fine ... even if your ead expires later.
 
SillyMan,

Not so sure about the assertation that you can work if your EAD expires and you don't even have an H1.

As far as I understand the process, you cannot work unless you have one of the following:
1. Valid EAD (if you filed your I-9 using the same)
2. Valid H1

If your EAD expires after you change jobs then you need to apply for a new EAD and if you haven't yet received one then you absolutely need an iEAD to continue working.

Basically you need to be authorized to work or to be more precise authorized to earn (you can always work for free :)), either via H1 or using an EAD. Being an AOS adjustee does not give you the right to work/earn money. Hence the purpose of the EAD (Employment Authorization Document).

In 4 words, No document, no salary!
 
Oh man this is confusing.

Ok, so u gotta have some valid work authorization at any given time to be earning then.
 
Not confusing at all SM,

Look at it this way, 485 is what you apply to change your status to permanant resident! But you still need an AP to travel outside the country. You apply for an EAD to allow you to work inititally, so where in the process do the above facts change.

You still are an adjustee, don't have your permanant residency yet. Ergo, you need a document from INS authorizing you to work which is your EAD. Now if your EAD expires, why would you think that you don't need to renew it to work? There is nothing that has changed in the set up discussed in the above paragraph.

Offcourse the whole scenario changes if you work on your H1. But that means instead of renewing your EAD, you now need to transfer/apply for a H1, which will give you the right to earn money. Like I mentioned in my earlier post, you can always work for free, but for the company to pay you, you need to be authorized.

Regardless of it all, you don't need to worry, go for a renewal, I am sure your company will pay for it since they need you to work and it is definitely cheaper than H1. If it doesn't come in the time your current EAD expires then apply for an iEAD!

Good luck!
 
H1 and EAD are different case in case of H1 if it expires and you have the receipt notice , you can start working but in case of EAD you MUST (yes MUST) have a valid EAD in your hand all the time, no EAD no earning, but you can do work (kar seva) without salary, employer can not pay you or he can not show on papers that you are working for him.
 
140, SM,

If you have filed for the EAD renewal in time, ie before the expiry of the first EAD, then it might not be an issue to continue to work, wven though you dont have a valid work authorization in hand.

Read more info on this EAD renewal, from murthy.com

http://www.murthy.com/UDdatgap.html

Hope this helps...
 
Ok I get it now.

I just filed for renewal EAD. My current EAD expires in May 2003. Hey, is anyone tracking EAD renewals?? Or should I start doing it?

I so wish I had access to a website that I could deploy an application on for this purpose. I'm a .NET guy, can anyone spare a webserver/database for this purpose? I'll write the app to maintain and present this data.

I'm assuming renewal EAD is easier (and quicker?) to get than fresh EAD. My fresh ead took forever.
 
SM getting any document from INS these days is very difficult. As u very well know they really suck at anything they do but we still hv to deal with them . ITs pure luck how the mood of person who handle your case is if he was treated nicely by his GF or wife in the morning he might approve u right away other wise i have seen RFE getting genrated for second EAD on this fourm even asking for 140 approval or pay stubs for EAD even though it is never mentioned in INS docs for filing EAD. So the over all thing is they Really suck at whatever they do and we poor ppl can just hope they approve us.
 
Subject not required

Careful .... If you do kar seva work (like in India) in US, you will never get GC in your life. You will be thrown out of this country.

Careful..... Just kidding (Hope you will not do that kind of demolition)

------------------------------------------------------------------------------
H1 and EAD are different case in case of H1 if it expires and you have the receipt notice , you can start working but in case of EAD you MUST (yes MUST) have a valid EAD in your hand all the time, no EAD no earning, but you can do work (kar seva) without salary, employer can not pay you or he can not show on papers that you are working for him.
-------------------------------------------------------------------------------
 
You must log in or register to reply here.
Top