FOR EAD EXPIRATION question PEOPLE

[laput]

here is the question by a fellow and answered by Sheela murthy in her chat ==

Chat User : My EAD expired April 1st. Then I filed a renewal on April 5th. Is there a problem if there is a gap between EADs?

Attorney Murthy : There is not a problem for the renewal. It is not like an extension of status that has to be filed before expiration. However, there may be other problems since a person cannot work without having the EAD, so the gap in work may be quite large. One may risk losing the employment or working for that employer without valid work authorization which could create problems for obtaining the I-485 approval if the total time a person is out of status or works without authorization exceeds 180 days in the aggregate. Also, the BCIS, will only backdate the EAD approval if the EAD extension was filed prior to the earlier one expiring. Now the new EAD will only be valid from the date of its approval by the BCIS.


If you don't believe me go to this URL and search for the above text and read-------------


http://www.murthy.com/chat0428.html

 

[dfagen19]

Thanks a bunch

You're a lifesaver... My attorney had told me that even one day without EAD, regardless of whether I worked or not, would result in I485 denial since I no longer hav a valid H1. What a turkey!!!

If you're ever in Chicago and are looking for someone to buy you dinner let me know..... My EAD expires 24th and the renewal appt is for the 25th at Chicago BCIS

 

[joyin55]

Hi laput,

I am also in the same situtaion. Could you please forward the letter of your attorney so that i can talk to my attorney and tell him to provide a similar letter.

He has informed me that once EAD expires, I should stop working. Probably he is not aware of the law what your attorney thinks. Could you also let us know what is the exact law or probably a reference to the BCIS site explaning such a scenario.

Your help would really be appreciated.

Thanks,
Joyin55

 

[ams74]

Hello Laput,

Even my lawyer said that if I do not get my EAD renewed I wont be able to work. If I work in the gap time, it may cause problems in my 485 approval.

What your lawyer is saying is intetesting. I have not heard or seen any such claims being made by any lawyer.

So please if you could guide us to proper LAW (on bcics website) that would be great help

Thanks again..

 

[jaxen]

Ok so murthy says that YOU CANNOT WORK if you dont have a valid EAD. So why are you quoting this in support of your claim that a letter from lawyer will fix the employment problem- laput?

Did you ever think that your lawyer instead of making you mad, might be covering up his mistake by pacifying you with a letter! I wish I can get my credit card and settle my mortgage bill using a letter from my lawyer. Sorry did not mean to sound that harsh, but I am not able to grasp the proof for your (or your lawyer's ) claim....