EAD urgent pls help!

T

tx1

New Member
Can one work with an expired EAD and a note stating (s)he applied for renewal? Is there such a thing as grace period for EAD (180 days)? Where can I find out about this immigration policy?

I am working with an EAD due to expire 10/3/2003. The boston office used to renew EAD or AP in one day. So I went to Boston office but they won't renew it saying my I485 should be adjudicated soon. I was given a note stating they'll make a decision on EAD in 30-45 days. My employer says that I can continue to work with an expired EAD for at least 30-45 days (they actually said 90 days is fine). My lawyer says there is an 180 day grace period so there is no problem. But I don't want to jeopardize the I485 application by working unauthorized. I guess they (lawyer and employer) mean we can have something to argue about later even though it's unlawful. What do you think, gurus?

RD: 10-30-2001
ND: 12-4-2001
2nd FP: 4-2003
Interview: 6-26-2003
 
Confused

No, to stay on the safe side;
Yes, what the heck, continue the work now and prepare for arguement later (BCIS will find a way to mess with you anyway...)

Is that what you mean, Jaxen? Never heard of 180 day grace period?

Working with an expired EAD, unlawful but excusable? The officer who declined my EAD renewal did tell me that it is up to my employer whether I continue to work and, if my memory has since been with me, he said explicitly, it is "legal"!
 
INS officer in Cincinnati, OH told me the same that it is up to the employer because when they approve the renewal it will be valid from the next day of the expiration date.

Can you really work with an expired EAD?
 
Last edited by a moderator:
Thank you vrtwo, for sharing your experience with me. One thing that is certain is that the INS (BCIS) is unpredictable in their decision making and schedule.
 
It is up to employer to let you work. In case, BCIS finds you then they will fine employer not you. In most cases they are blind or don't care since you have already been with EAD.
 
You must log in or register to reply here.
Top