EAD Vs Driver Licence Issue

V

vsiva23

Registered Users (C)
I applied third time EAD renewel on Jan 2003, my current EAD is valid until APRIL 17, 2003. and my driver licence valid until APRIL 17, 2003.

EAD Receipt Date: 01/17/2003 and Notice Date 01/21/2003

Your I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION was received on January 21, 2003. We mailed you a receipt with information about processing. It is taking between 150 and 180 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

My I-485 transfered from TSC to Miami BCIS on MAY 07, 2002. My attorney two times inquiry to Miami INS office, but no answer yet.

SRC-01-129-AAAAA
PD: 07/14/2000
ND:03/21/2001
FP:04/10/2002
EAD RD: 01/17/2003 (third time and waiting for approval)

Please provide your valid suggestion for my critical stage.
 
Do you think if you can get IEAD from Miami by Apt. 17?

Right now your case is less than 90 days and the time frame your receipt says. This may be the reason Miami office does not respond to your attorney.
 
EADs

1) (To Mohan Krishna). No you can not work with expired EAD. If you were on H1 and have also continued to have it, You are OK, other vise not. Please expediate to get the iead. Although one of the person in past has mentioned on this forum that Dallas IIO had told to him/ her that applying for ead is enough to keep the job going and I have serious doubt on that.
2) Driver licence. There should be no relation in EAD and the driver's licence. You can always get the driver licence renewed. Infact you can get it renewed today.
3) EAD and 90 days. You will have to wait for 90 days after ND to get a IEAD. Certainly you were late to file it, but nothing can be done now. After 90 days, go to local office and get the IEAD. By the way, if you still have a valid H1, you may be OK.
 
Re: work with expired EAD

Originally posted by mohanakrishna
Can a person work with exipred EAD and waiting for the next EAD to be approved?
Click to expand...

Yes, provided the employee can show evidence of having applied for another EAD. The ORIGINAL receipt notice is a sufficient evidence. The employee has 3 months to produce the document applied for (EAD in this case). If the employee cannot produce EAD in 3 months he can be terminated. This the Law governing I-9 employment eligibility verification process.
 
in Florida and a few other states

Driver Licence cannot be renewed without unexpired INS documents. The DL will expire at the same day as the VISA or other INS document expire. 485 receipt doesnot have expiration date and the state does not have specific instruction on how DL will be handled with AOS. This is change after Sep. 11.
 
All,

I can not continue without new EAD that's what my lawyer also making a point. Then what should I need to do? take off (Vacation, Sick Leave etc) from work until I receive new EAD? I am reneweing my EAD third time.

There are some link between non-immigrant work status (like us) and the Driver Licence. If any body goes to DL office this year, you may heard this issue. I showed my I-765(EAD Receipt), but the DL officer, she does not accept that. She want to see the original EAD card not a receipt. Because of that, I am having problem of getting my driver licence renewed.

There is no link between my I-485 (it's in Miami Local center) and EAD (it's in TSC) renewel.

Any suggestion with valid point would be more helpful.

Thanks
Siva
 
Originally posted by vsiva23
All,

I can not continue without new EAD that's what my lawyer also making a point. Then what should I need to do? take off (Vacation, Sick Leave etc) from work until I receive new EAD? I am reneweing my EAD third time.

There are some link between non-immigrant work status (like us) and the Driver Licence. If any body goes to DL office this year, you may heard this issue. I showed my I-765(EAD Receipt), but the DL officer, she does not accept that. She want to see the original EAD card not a receipt. Because of that, I am having problem of getting my driver licence renewed.

There is no link between my I-485 (it's in Miami Local center) and EAD (it's in TSC) renewel.

Any suggestion with valid point would be more helpful.

Thanks
Siva
Click to expand...

Siva,
see my response to a similar question regarding working with expired EAD.
 
nkm_oct23,

Where you got this info from any web-site - Law governing I-9 employment eligibility verification process.

Please give me that link or source , where did you got the full details of I-9.
 
All,

Finally I got my driver license for 6 years without any problem. Now I have to think about EAD issue. Thanks for all of you suggestions.
 
Originally posted by nkm-oct23
Read the HANDBOOK FOR EMPLOYERS M-274 published by INS/BCIS. It is available as a PDF file at:
http://www.immigration.gov/graphics/lawsregs/handbook/hand_emp.pdf
Click to expand...

But the 90-day grace period only applies to new hires. The section on page 4 explains the reverification process and clearly states (middle of right hand column):

You must reverify on the form I-9 not later than the date the employee's work authorization expires.

The I-9 form itself repeats this in slightly different wording.
 
Originally posted by dms
But the 90-day grace period only applies to new hires. The section on page 4 explains the reverification process and clearly states (middle of right hand column):

You must reverify on the form I-9 not later than the date the employee's work authorization expires.

The I-9 form itself repeats this in slightly different wording.
Click to expand...

The grace period also applies to re-verification. For example you start your employment on H1. Your H1 is about to expire and the company files for H1 extension. On or before the date the original H1 expires, HR is supposed to re-verify your employment authorization. If you have not received new H1 approval, you can continue to work just based on the H1 extension receipt notice.

H1 approval is just another form of employment authorization.
 
iEAD if after 90 days of receipt notice

What if go to local BCIS office to get iEAD after 90 days rule, would it be a problem if the current EAD and renew EAD receipt notice are from different BCIS service centers? since I moved after I-485 filed 180 days. If the local BCIS office issue the iEAD, the start date of iEAD would be the expired date on current EAD or the date I am going to visit? Thanks for any sharing.
 
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