Ead Urgent Help

H

HTS

Registered Users (C)
Guys,

I have a question on EAD, is it ok to continue work after filing EAD if the existing EAD has expired or you need to have an APPROVED EAD or Interim EAD (from Local District BCIS office if 90 days have passed) to be in STATUS and to be able to WORK ?

My Lawyer is saying that we just need to file for EAD renewal and I can continue to work and will be IN STATUS even if the existing EAD has expired, I dont think that is correct. My understanding is that its true in case of H1B extension but not for EAD.

Please let me know ASAP so I can discuss my case with my BOSS.

I would greatly appreciate any inputs ?

Thanks guys,
HTS
 
I agree with you, you need EAD in your hand to work, EAD renewal/ application is not good enough to continue work, my lawyer also told me to renew 3 months before EAD expire to continue work (unlike h1 which we filed just before my old h1 expire

you will be in status legally, but you can't continue work.

I hope this help

JB




Originally posted by HTS
Guys,

I have a question on EAD, is it ok to continue work after filing EAD if the existing EAD has expired or you need to have an APPROVED EAD or Interim EAD (from Local District BCIS office if 90 days have passed) to be in STATUS and to be able to WORK ?

My Lawyer is saying that we just need to file for EAD renewal and I can continue to work and will be IN STATUS even if the existing EAD has expired, I dont think that is correct. My understanding is that its true in case of H1B extension but not for EAD.

Please let me know ASAP so I can discuss my case with my BOSS.

I would greatly appreciate any inputs ?

Thanks guys,
HTS
Click to expand...
 
jbm is correct

...and your lawyer is wrong. you cannot work with EAD app pending, but you could continue employment if an H1 extention/renewal app is pending. so if your current H1 will expire before you expect to get EAD renewal, and you don't think you could get an interim EAD (90 days have not elapsed since receipt of your i765, uncooperative local office etc.), then your best bet is having your employer file an H1 extention, which should be received by BCIS ON OR BEFORE your H1 expiry date. this is my exact scenario, and i have checked with two lawyers.

however, keep in mind that option for continuing employment while H1 extention is pending is available ONLY if you are currently working on H1. if you have been working on EAD previously, then this option is no longer available. the only two possible options then would be 1) try to convince the local BCIS office to issue you an interim EAD, or 2) file a new H1 application with premium processing (costs an extra 1,000 bucks, adjudicated in two weeks).

good luck!
 
Thank Yoi

Thanks a Lot Guys, I really appreciate your quick response, I will talk to my Boss now.

Thanks again,
HTS
 
I beg to differ

Originally posted by HTS
Thanks a Lot Guys, I really appreciate your quick response, I will talk to my Boss now.

Thanks again,
HTS
Click to expand...

I beg to differ from the other posters and I believe that your lawyer is correct. It is possible to continue employment beyond expiration of any employment authorization issued by INS provided you submit proof of having applied for such a document and produce the document in 60 days (I think, could be 90 days).

The same criteria holds good for any document that permits employment in the US, be it the temporary I-551 stamp, EAD,approved H1, the actual green card or any other document that meets the requirement of proof of employment authorization.

There is no distinction between H1 and EAD in this regard. THe requirement is spelt out in the form I-9 that you fill out at the beginning of employment. For details see Handbook for Employers published by BCIS that has details for I-9 employmenr authorization related issues.
 
Delay of EAD Processing and BCIS Policy

nkm-oct23,

Thanks for info. but I am confused now. All this started when I read following NEWS under immigration-law.com: :confused:

04/03/03: Delay of EAD Processing and BCIS Policy :
-------------------------------------------------------------------------
People who have applied for EAD renewal must have noticed that they typically received a RFE asking to submit the government issued photo IDs. This plus other factors have caused a substantial delay in processing of EADs lately.
According to the AILA, it will be the BCIS policy not to back date the EAD validity date when they issue a renewal EAD card. This policy presents a serious problem for a large number of aliens who are working on EAD, such as the family-based I-485 filers, and the employment-based EB-485 filers who are not working on employment-visa status such as H, L, E, O, TN, etc. Legally, should the Service Center fail to issue a new card within 90 days from the date of EAD application filing, people are allowed to go the local field offices for issuance of Interim EAD cards. However, the reality does not always work like that. Some district offices take time to process such interim EAD cards.
-- Please read this part: :confused:
Since the gap between the old and new cards creates a period of lack of employment authorization, any employment during this period can be considered an unauthorized employment. Such violation of immigration laws pending I-485 can make such alien ineligible for adjustment of status to a lawful permanent resident.
It is thus imperative that people start filing EAD renewal a way in advance, something like four (4) months, so that they do not face such risk in the green card track.
----------------------------------------------------------------------------------
With all due respect, if your information is correct then why they say that the GAP BETWEEN OLD AND NEW CARDS CREATES A PERIOD OF LACK OF EMPLOYMENT AUTHORIZATION (As given in the above article).

May be I am not getting it right, could you please throw some light on this. I appreciate your time explaining this but I need a solid answer before I could argue with my boss.

Thanks again !
HTS
 
notwithstanding what nkm-oct23 posted, both my employer and i checked with two different lawyers, and both said the same thing: in order to continue employment, i would need at least one of the following two things...

1) Approved EAD card in hand, or
2) Receipt notice of H1 renewal application with RD on or before the expiry date of my current H1.

they both told us essentially what has been posted on Matthew Oh's website (www.immigration-law.com), which HTS has quoted in his post.

obviously one or the other view is wrong; if what nkm-oct23 contends is correct, then you do have a grace period of 60 or 90 days, but reading all of the foregoing, can you be absolutely sure?

so, when in doubt, err on the side of caution. if you can possibly convince your employer to file an H1 extention application, why not do it? use the www.immigration-law.com report to support your argument.

also, allow yourself enough time to file an H1 extention application, as it requires an LCA (labor condition application) again. while it does not take much time at all, why wait until you run out of time?
 
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Pork Chop,

My H1B has expired in NOV 2002, since then I am working on EAD
which is going to Expire on OCT 7th 2003. Do you think I can go back to H1B once I started working on EAD ? I am not sure about that.
My understanding is that once you are on EAD, you can not go back to H1B and if that is true then EAD renewal is the only solution for me to continue employment. I may be wrong.

I dont have to start worrying right away because I still have enough time left for EAD renewal but my argument started when I forwarded that NEWS article from (www.immigration-law.com) to my BOSS asking her to file for my EAD renewal by June 2003 just to be on the safe side (4 months ahead) but when she asked the same question from our lawyer, Lawyer replied what I have posted in this thread.

I am just trying to figure out if what Lawyer saying is correct meaning you just need to file for an EAD application before existing EAD expires OR you actually need an APPROVED EAD CARD in your hand or atleast Interim EAD, in order to continue to be able to work and employed legally.

If Lawyer is right which I dont think she is, then I can even apply for my EAD renewal on October 1st just before my current EAD expires. But Thanks a lot for your suggestions, I really appreciate it.

HTS
 
I have similat case.

I have approved EAD but my I-140 is not approved yet. I am afraid if I use my EAD and some thing goes wrong with my 140/485 process, I cannot go back to H1.
 
HTS

you had not mentioned in your earlier posts that you already are working on EAD. i'll refer you to what i wrote in my earlier post of 4/10/03 in this thread:

>> however, keep in mind that option for continuing employment while H1 extention is pending is available ONLY if you are currently working on H1. if you have been working on EAD previously, then this option is no longer available. <<

FYI: now, if you wanted to go back to H1, it will be an application for a fresh, new H1, not a renewal, provided you have time remaining in the 6-year max.

obviously, the more feasible option for you is applying for EAD renewal, and - for crying out loud - you don't have to convince your boss to file it!! just download the i765 form from the BCIS website, and do it yourself... of course, there is a very slim chance that you might get an RFE which might require help from your employer to respond to, but that is quite rare.

i have applied for my own EAD renewal myself. the only reason i also had my employer apply for H1 extention for me was that i was afraid that my EAD renewal might not come through on time (i was right), and my H1 was expiring as well at almost the same time as my current EAD (which i had not used so far). so i wanted one of the two options to continue working to be available to me.
 
Pork Chop,

I agree with you 100%, I will try to prove my point first with the lawyer and then if they dont agree, I will apply for EAD renewal on my own.

FYI my RD is : Jan 8 2002 ND : Jan 10 2002

Thanks for all your suggestions, I truely appreicate your inputs.

Thanks a lot,
HTS
 
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