Gap in between EADs

D

Dove13

Registered Users (C)
My EAD is expiring on 9/12/03 and I did send an application to renew back in June. The ND on the receipt is 6/19/03. I went to the local INS office to try to get an Interim EAD but they said I have to go back after 90 days from the ND.

My first question is does the 90 days count only business days (M-F) or it is included the weekend (M-Sun)?

If the weekend is included, my 90 days from the ND would be 9/19/03 and that mean between 9/12/03-9/19/03 I will not have any valid EAD. But then after 9/19/03 I can go to the INS office and get an interim EAD.

My next question is between 9/12-9/19, will it be legal for me to work since my application still pending? Some one said I shouldn't work. Due to the nature of my work (teaching), I don't think my boss would appreciate me taking a vacation as our new qtr. just started and let students hang around and no teacher. Some one gave me two ideas and I would like comments from you.

First scenario is to ask my boss if I can do the comp time and not to include me in the payroll for that week. That means I go to work but I don't get pay for that week then but then I take a day off each week in the next 5 weeks.

Second scenario, work for free for that week. Can this be thought of as volunteering?

I went to the DMV today to renew my driver license because it expire on the same date as my EAD. They told me that they can't renew my driver license card because my EAD is expiring. They told me to come back once i have received the new card. I guess I will have to drive carefully on the right lane that week. :(

If you have any comments or suggestions, please share with me.

Thanks,
 
- 90 days should include everyday.
- Don't make it complicated, just volunteer for a week.
- DO NOT DRIVE FOR THAT WEEK!!!
 
DMV

I am surprised that the DMV would not renew your driver's license without a valid EAD card. Were you asked to produce the EAD as evidence of identification? I think someone missed something in this process.

You can file for an I-485 and opt not to work and stay at home, particularly say when you file as a dependent of the primary applicant. In such a case, they can't ask for an EAD to let you drive to buy groceries. I think some one at the DMV panicked when you showed them an expired EAD.


Hope this helps.

Markz

----------------------

Not a lawyer........... you should really consult a lawyer. Remember free advice is just free......... so use your judgement and verification before using this advice.
 
Are you primary on your 485?

485 process and your right to work in USA are two independent processes.

If you want to work in the US - You should have some form of eligibility

Usually these forms of eligibility are "work permits"

Viz - H1-L1- EAD etc

If you do not have one of these permits - You are not eligible to work in the US.

The 485 process/Application has got nothing do with your employer today or it does not give you a automatic eligibility to work.

I-765 is an application you can apply while on 485 - which gives you the option to work.

your 765 expiry should be considered equivalent to your h1 visa expiry - except - in H1 - you got to leave the country - while
you are on 485 - you can continue to stay in the US but NOT work.


and 485 lets you live in the USA with a valid 'status'


All that matters is a job offer at the time of adjudication.

If the adjudication is before 180 days - your 140 petitioner should give you a job offer (else your gc is cancelled) if more than 180 days - You should have 'Some' same or similar job offer.

-------
I am not a lawyer ....Just my 2 cents worth...
 
if you have original receipt copy of your I-765 and other receipt notice you should come back to your nearest DMV and show them all your papers..my wife had the same situation like yours and they just give her 30days temporary license they scanned all her papers and they told us to come back if she already have her EAD card and they will renew it based on her current status..DMV have diff states policy...:confused:
 
You should only show your passport or your old driver's license from a different state to get a new driver's license. They should not be asking for your employment authorization. Your I-485 should be valid enough for you to stay in the country.
 
Thanks guys for your input. I've decide to take a week vacation and not go in for work. I've been checking my case status and it hasn't going any where. So, next Monday which should be 93rd days from the notice day (June 19) I will go to the local INS office and get a temporary EAD card.

I dont' know why the DMV here asked me for the EAD. When I was in Chicago they never asked me for it. It seems to me that the Gov. here in Denver is very strict about foreigners.

Sometimes I feel like when you are trying to do the right things, you ended up in a bad situation. I should have kept my IL license. But I want to make it right by law so I changed my license within 30 days and here is the result. :(
 
Update

Ok, finally I went to get my temporary EAD on Sept. 22 and renew my driver license for a month. On Sept. 25, check the status of my EAD case and got approval. wait for a week and today Oct 3 I got the card in the mail.

EAD time:

Mail application on: June 12th
Notice date on: June 19th
Approved on: Sept 25th
Recieved card on: Oct 3th
 
Time at INS office

Interim Card timeline:

~4:30am - got to the INS office. Not the first in line. About 30 people infront of me. Standing there in chilling weather. The office open at 7:30am.

~7:00am - 2 officers came out and asked questions, provide forms according to why they are there for and gave out ticket.

~7:30am - walked into the office through security check. Sat and wait for them to call my number.

~8:45am - They called my number. Walked to the window. I told the lady that I was there to get an interim card. I told her that my renew application has been filed more than 90 days and no decision has been made. I show her my I-765 receipt. She told me that the temp. EAD will be only 30 days. I said that is fine. She asked me to fill out I-765 application but I got one filled out the day before I went there. So, I don't have to stand there and waste my time fill out the form. (Thanks to you guys who post the info about this) The lady made a copy of the I-765 receipt, return the original to me and asked me to wait in the back and someone will call me.

~9:50am - A lady called my name and asked for an ID with photo. I show her my old EAD. She looked at it and said that she will have to keep the card for the record. The lady was very friendly. Then she took me to the back and ask me to have a seat and check my information. She took my picture and I wait for the picture to dry. 2 people came to me and asked me to fill out a survey form.

~10:05am - Got my temp. EAD card good for 30 days.

The next day I went to local DMV and got my Driver License for 30 days. The lady said she feel bad that she has to charge me $15.60 for 30 days. For some reason, the law of Colorado ask the foreigner to show some type of INS card that show experition date. In my case is work permit. When I was in Chicago, IL, I don't need to show any INS ID, work permit or passport to get my D.L.

Sept. 25 - Check status online and got approval.

Oct. 3rd - Got my new EAD card in the mail.
 
Poor advice

I think it is poor advice from the forum asking some one to take a vacation and not to work in an existing job until the renewal EAD comes in. The loss of pay for the time away from work is more than what you would pay for good legal advice. I am not a lawyer and I am not endorsing any particular lawyer.

When you have AOS pending and you have a valid work permit and you have an existing job and you have an application for renewal of your work permit waiting in the INS for almost three months, is it unlawful for you to continue your existing job? I am not sure the INS has made any pronouncements on this.
 
Hi Dove13,

I have 10 year valid driving license from Denver. They never asked me anything about EAD. I got it in 2001. The office I got it from is in S Parker Road, few miles south of Arapahoe Parker Junction.

Just go there and show I-485 receipt notice. Many of them does not know about EAD stuff at all.

Try your luck.
 
It is illegal to work without a valid work authorization, period. A valid receipt is ok for an H1-B to continue working, but in the case of an EAD, it must be approved.

Just a bit of unsolicited advice here. I've noticed that a lot of times, people ask a question and get an undisputable answer, yet still choose to believe the answer that they want to hear. For example, I've answered several of these expired EAD questions here and on other boards, I've provided links to the sections of the BCIS laws that govern this for employees and employers, and I've been through it myself. (taking the unpaid leave as the company didn't file in time). Yet, if someone comes in and simply says, "It's ok to work", they take it at face value because that's what they wanted to hear.

Note that I am not taking a "shot" at anyone here. The bit of advice that I would give is this. It's great to communicate and share experiences with one another in these forums, but educate yourself. Go to the BCIS site and search the documents. Learn the laws that govern your current situation. Having this information will help steer you from pitfalls in your process and make you better equipped to respond to any issues that might arise in your process. (Plus, you'll sleep better at night).

True, a lot of times the BCIS doesn't know their own laws, but if the situation ever comes up, do you want to say "well I did that because it states it in 8 CFR etc." or do you want to say "well I did that because TexasSucks_2004 said I could do it".

Best regards to all....

Rav

PS. I made up the TexasSucks_2004 user. My apologies if one really exists! :-)
 
ravioli_21_99 is right.

Strictly speaking you have to have work permit to work legally. Practically you may decide by yourself with the hope that BCIS they not find out but it is dangerous. Work permit pending is not automatically give you the legal right to work.
 
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