Gap in EAD: Ginnu, gurus please help

E

ead_port

Registered Users (C)
Ginnu and other gurus,

My current EAD is expiring on July 4th and I have an infopass at SF office for a visit on Apr 13th. So the 90 day rule means I will be able to get an interim EAD only by July 12th. I should have started this process earlier, I am kicking myself for it. So what happens fron July 4th to the 12th, if its only taking leave without pay its OK, but if there are more legal ramifications I am screwed. Please advise. Will I have to resign my job and join back, this will be a very big hassle. Will I be out of status ? Anyone been in a similar situation, please write to me.
 
ead_port said:
Ginnu and other gurus,

My current EAD is expiring on July 4th and I have an infopass at SF office for a visit on Apr 13th. So the 90 day rule means I will be able to get an interim EAD only by July 12th. I should have started this process earlier, I am kicking myself for it. So what happens fron July 4th to the 12th, if its only taking leave without pay its OK,
----- take the leave
but if there are more legal ramifications I am screwed. Please advise. Will I have to resign my job and join back,
---no
this will be a very big hassle.
Will I be out of status ?
--no
Anyone been in a similar situation, please write to me.
Click to expand...
---- wait for the similar situation person reply, should he/she write in this thread or one need to write to your home address? provide the info so that" similar situation person" know where he/she should write to you
 
What does the law say regarding gap in employment ?

Thanks Ginnu! What does the law say about not having an EAD, does it say I should not be on a payroll (unemployed) or that I cannot be reimbursed for my services for the time period (leave without pay). Will this gap in employment cause any problems with the 485 ?

Also, if I can meet an immigration officer, explain my situation and request an interim EAD, what are the chances and what should my approach be.

People with similar experiences please post your messages on this thread.
 
I had the same thing happen to me in December 2003 due to an HR/lawyer screwup. I took the leave without pay for two weeks. Note that you cannot work during this period. Even for free.

Regards

Rav

PS. I have since received my GC approval without any issues whatsoever relating to the above.
 
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