For Vipsha

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Totos

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Vipsha,

Can you please post the link to Murthy site where it says that EAD renewal is not necessary if continuing with the same employer.

Thanks.


*********** Original Post by Vipsha *********


http://boards.immigration.com/showthread.php?threadid=80940



Anand,

Are you working on EAD or H1, and with same employer or you have changed the job since you filed your 485 ?

If you are working on EAD and with same employer then I thing you don't need to worry as per "Murthy" you are fine.

But check with your employer also if it is fine with them.

BTW when you knew that your EAD is expiring on 5th May then why didn't you filed EAD in Jan ?


__________________
**********************
vipsha

I have no intention to become a lawyer, talk to your lawyer

***********************
 
I don't know guys where should I reply to this question. In number of threads I have been asked.This information was from some chat on murthy.com and I tried to find but I could not get exactly where It was.

Sure it was old chat since lately I have not visited Murthy.com.
 
And tasse if you remember in this forum also someone's lawyer also said this same thing, and we all opposes that.

Now don't ask me where is that thread ;)
 
Yeah I remember opposing that. :) It was some time ago wasn't it? Best bet would be to do a search on individual posts. I know I posted on that, so did Vipsha, and Silly Man. (But then between the three of us, we have pretty much posted on most thread! :)). So it is going to be a long search. But I do remember the link.


Totos,

Ping Silly Man on this, he usually is the most organized. He probably book marked it if it was important.
 
Ok I might be wrong, but here is my take on this.

Firstly, If you continue with the same employer, EAD renewal is not required. That statement presumes that you are continuing with the employer who filed your H1 in the first place. Either way, I wouldn't want to find out the hard way.

Secondly, as per INS, at any given time, you need either H1 or a valid EAD or iEAD to work. Or else, you should not work.

You put First and Second together, it make sense to get EAD/iEAD. Please note some people do get iEADs without crossing 90 days.

Murthy mentioned in a chat earlier that EAD renewals would be backdated. But INS mentioned that they wouldn't be, and for whatever reason, including INS delays, if you don't have valid EAD, you shouldn't be working. The true picture to that is, confusion, which we wouldn't know until some of us get renewal eads and find out for sure if they are backdated or not. I wouldn't take the risk, spend the $120 and file for renewal ead .. DUDE.
 
Relevant links

Chat User : My EAD is expiring this February. I had applied for an extension. I am not sure how long it takes to get the new one. Will I be out of status if I don't get the new one before the expiry date?

Attorney Murthy : The INS may take up to 90 days to issue an EAD renewal, though in some cases it is issued in less than 60 days. A person is considered lawfully present while the I-485 is pending, but may not work legally without the valid EAD, even if an EAD extension is pending with the INS.

at .. http://www.murthy.com/chat0106.html
also, http://www.murthy.com/chat0113.html,
http://www.murthy.com/UDdatgap.html
 
Last edited by a moderator:
Absolutely. Cover yourself by filing an early renewal. The burden is on the applicant to maintain legal status, especially with EAD.
 
i know this has been asked before, but anyway ....

CAN I GO TO A LOCAL INS TO GET iEAD. I have field from CA but live in NJ. Can I go to Newark and get iEAD if > 90 days of receipt.

Thanks.
 
Please limit your question related to thread otherwise it is very difficult to find specific question and to get address.

I don't think it is possible but you can take a chance since I tried in boston without any luck. They said "we don't have your information in our system"
 
Originally posted by brokenarrow
i know this has been asked before, but anyway ....

CAN I GO TO A LOCAL INS TO GET iEAD. I have field from CA but live in NJ. Can I go to Newark and get iEAD if > 90 days of receipt.

Thanks.
Click to expand...

Chances are no, but you can give it a shot.
 
[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR274a.2]

[Page 667-673]

TITLE 8--ALIENS AND NATIONALITY

CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE

PART 274a--CONTROL OF EMPLOYMENT OF ALIENS--Table of Contents

Subpart A--Employer Requirements

Sec. 274a.2 Verification of employment eligibility.

...

(vii) If an individual's employment authorization expires, the employer, recruiter or referrer for a fee must reverify on the Form I-9 to reflect that the individual is still authorized to work in the United States; otherwise the individual may no longer be employed, recruited, or referred. Reverification on the Form I-9 must occur not later than the date work authorization expires. In order to reverify on the Form I-9, the employee or referred individual must present a document that either shows continuing employment eligibility or is a new grant of work authorization. The employer or the recruiter or referrer for a fee must review this document, and if it appears to be genuine and to relate to the individual, reverify by noting the document's identification number and expiration date on the Form I-9.

...
 
Tasse,

Nice search

I can confirm this since I have received an e-mail from my HR to renew I-9 form since when I joined in Aug'02 I was not having plastic card but only PP with stamp and it was valid for one year. Now my HR is asking if I have new document to prove my ability to continue work in US.I have to send them a copy of my plastic card.
 
Thanks guys for all the info. I hope the EAD processing will be fast now since they will be allowing filing of the same electronically.
 
Totos, I found some info on Murthy, but it's not a good news.

http://www.murthy.com/chat0210.html

Chat User : We filed I-485. My wife and I were working on EAD. EAD expired and I got EAD. My wife is still waiting for EAD and not working now. What is her status now as her H-4 becomes invalid?

Attorney Murthy : Once a person has filed the I-485, s/he is deemed to be in adjustment pending status and in a "period of stay authorized by the Attorney General." This means that your spouse should be able to live legally in the U.S. but is not allowed to work legally until the INS issues the EAD, even though the INS will back-date the EAD to its prior expiration date.
 
Interesting that she should say "back dated EAD" when we have indications that INS is NOT back dating EAD's. Another grey area is this holy mess! :(
 
Vipsha, check ur PM.

140, damn saturday was fun. I gotta arrange a rental beach house and a rental private jet for under 100 bucks now. LOL:D
 
Silly Man,

Yeah, the Saturday gig was fun! :) We should definitely do it again, but I think we messed up S & R's house so bad, they are not going to invite us back! :)

wrt the beach house and plane, I don't think you will need a plane, you can always say it is in the shop. House is another story. I will see if people are interested in renting a beach house and we can throw a slap up party! :)
 
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