Gurus, please help - EAD concern

S

sannyp

Registered Users (C)
Hello friends,

I have a question about working while EAD is in process.

I have filed for EAD more than a month back and my H1B expires today. I\'ve seen some posts stating that one can\'t work with the I765 receipt. Is that true?

Say I have to stop working till I get my EAD approved, can I go on paid vacation or is there any restriction on that?

I have filed this first EAD after almost 16 months of filing I485. Some guys were saying something about faster EAD approvals if one files EAD with the I485 receipt. Is that true?

I would really appreciate if someone could throw some light on these matters.

Thanks
Sanny
 
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Yes it is true that you cannot work without the approval of the EAD. In fact the INS officers insist that you should have the EAD card in possession prior to start working.

The bottomline is that you should not be employed during the duration wherein your EAD is not approved. So talk to your employer and work out some arrangement. This should not be a problem..

Good luck
 
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Sanny,

The safe bet is go to your local INS office, and apply for EAD. You will get ur card the same day. I got mine the same day in Philly INS office.

I had to shell out $100. but it was worth it. In my case my company had already applied EAD and I was waiting for it for almost 3 months, this is when we had a layoff. I went to the local office and got EAD. Roughly after a month, I got EAD from VSC too. Now, I\'ve got 2 EAD\'s!!!
 
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Hi gc2go,
Thanks for the replies. In my case I haven\'t crossed 3 months after applying the EAD , so the local INS says no. Please tell me whether I can go on paid vacation.
 
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Hi sanny,

I don\'t know the rules. I would consult a lawyer, b4 making any decision. Sorry, I couldn\'t be of much help.
 
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During this period ask your company not to pay you. And keep it that way until you get EAD.
Or go to New York and present some ones address and get EAD same day. You have to tell them that you are transfered to New york over the week end. This has worked for some as I saw in here.
 
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