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How long it is taking to get EAD renewed at VSC?
- Thread starter sweetie
- Start date
phoaupkari
Registered Users (C)
sweetie
Somebody was mentioning 4 weeks as in they applied for the renewal on 10/2 and got and approval on 10/29 .
I would guess the average time is about 4-6 weeks.
Somebody was mentioning 4 weeks as in they applied for the renewal on 10/2 and got and approval on 10/29 .
I would guess the average time is about 4-6 weeks.
sweetie
When you say my EAD expires soon, how soon do you mean??
It is advisable to apply for renewal atleast 60 days before expiry, 90 days before would be the best, but 60 days is a safe bet.
Originally posted by sweetie
Thanks, can people please post their own experience how long it took them to get it.
My EAD expires soon and my H1 is already expired. So I am afraid that my company might give me hard time...
When you say my EAD expires soon, how soon do you mean??
It is advisable to apply for renewal atleast 60 days before expiry, 90 days before would be the best, but 60 days is a safe bet.
sweetie
In my case I got it in about 3 weeks, and if you check the archives you will see that the general trend is 2 to 6 weeks (There are some Exceptions) so going by the law of averages, I believe you should be OK, in worst case scenario, you can take a week or two off, as vacation till it gets renewed.
Originally posted by sweetie
well it expires end of Nov, my EAD has been filed but not too long ago either last week or before last week.
I hope I don't go out of job because of this, that will be so unfortunate...
In my case I got it in about 3 weeks, and if you check the archives you will see that the general trend is 2 to 6 weeks (There are some Exceptions) so going by the law of averages, I believe you should be OK, in worst case scenario, you can take a week or two off, as vacation till it gets renewed.
abhi_01201
Registered Users (C)
You can get the EAD in one day from Boston INS if you are in MA.
Originally posted by sweetie
I can take vacation for about 2 weeks no problem...
seems like an idea...
so if you are on vacation, no problem legally?
Actually as I was told by my attorney, (not to scare you sweetie) it is a MUST to have EAD in order to have you on company's payroll. Meaning, my company would have to remove me from payroll and put me back (as a new hire) when I got the EAD. I even inquired about the leave without pay or medical leave or any other kind of leave. But all of these require you to be on payroll. Essentially no EAD no employment or employment benefits.
july 16, i noticed you are mentioning vacation. have you talked to your lawyer? May be my company is more strict.
Originally posted by sweetie
No, I am in NJ. How long does it get card to arrive after EAD renewal gets approved? bacause company might want to see the new card.
after the EAD AD, you should get the card in a few days. Sometime as soon as within 3 days. But no longer than a week.
And yes, my company wants to see the physical EAD card. But if your case is approved and you don't have the card, you have a good convincing case to ask your employer not to take you off payroll. Your company lawyer can check your AVM and your online status and possibly call INS and confirm with IIO. But if they want to be an ass, they can be.
When did you mail your application? When is your RD for EAD?
Bobby V
The point I was trying to make is that you cannot work without EAD, and if there is a gap of 2 weeks between expiry and Renewal, you can take a vacation. And the company can say it was a unpaid vacation. for the duration of those 2 weeks. Or if the law dosent allow, then like you suggested the company can take her off and then put her back on the payroll.
Status wise she is legal, But Cannot work with out EAD.
The point I was trying to make is that you cannot work without EAD, and if there is a gap of 2 weeks between expiry and Renewal, you can take a vacation. And the company can say it was a unpaid vacation. for the duration of those 2 weeks. Or if the law dosent allow, then like you suggested the company can take her off and then put her back on the payroll.
Status wise she is legal, But Cannot work with out EAD.
I am not sure how much extent they will be willing to help me...
because if company wants to help, they can let you work but not pay the money and later pay as an advance, bonus whatever...
if they really don't want to, they will take you off payroll and never put you back. so i am really scared. lets see what hapeens...
actually i did not know that my h1 had expired. my mistake of course. I didn't even shift on EAD with my company and my H1 is already expired. my lawyer suggested not to tell anything to HR and just wait for EAD renewal to get approved. if they don't say anything, i will go to them with renewed EAD otherwise only God knows...
because if company wants to help, they can let you work but not pay the money and later pay as an advance, bonus whatever...
if they really don't want to, they will take you off payroll and never put you back. so i am really scared. lets see what hapeens...
actually i did not know that my h1 had expired. my mistake of course. I didn't even shift on EAD with my company and my H1 is already expired. my lawyer suggested not to tell anything to HR and just wait for EAD renewal to get approved. if they don't say anything, i will go to them with renewed EAD otherwise only God knows...
phoaupkari
Registered Users (C)
sweetie
There is no such thing as "shifting to an EAD". The moment ur H1 expires, you automatically are on EAD. Of course , best of luck with getting ur EAD soon.
There is no such thing as "shifting to an EAD". The moment ur H1 expires, you automatically are on EAD. Of course , best of luck with getting ur EAD soon.
abhi_01201
Registered Users (C)
Employer has to update I-9 card when she is in EAD right....?
Re: Bobby V
july16,
I agree that you cannot work without EAD but the status is valid and there is no problem taking the time within US to travel etc.
My delimma was (last year) can the company keep you on payroll if the EAD is filed and H1 is expiring or existing EAD is expiring. The response from my company was that they cannot do anything because they have to keep their records clean for audits. This is something they are forced to do to abide by the law.
I am assuming some employers give some way out by allowing a leave without pay. But that is illegal technically. I asked this question long time ago on this board but did not get much response. And the only conclusion I arrived at is basically termination of employment with vacation payout, benefits and options all treated as termination. And then the only help the employer can offer is to take you back the day you get the EAD. And that would be treated as new employment offer, new start of benefits and new employee number(in my employer's case).
Out of curiosity, I would like to know if you have seen cases where people have used some creative ways of staying on payroll if their EAD was not approved or if it was approved but did not arrive in time. This is all assuming that the time difference is small. If it is anywhere around 2-3 months or more, I would assume no employer will take that chance.
This is a good topic. Specially because many people are filing EAD extensions these days and they should realize the importance of this document.
Thanks.
Originally posted by july16
The point I was trying to make is that you cannot work without EAD, and if there is a gap of 2 weeks between expiry and Renewal, you can take a vacation. And the company can say it was a unpaid vacation. for the duration of those 2 weeks. Or if the law dosent allow, then like you suggested the company can take her off and then put her back on the payroll.
Status wise she is legal, But Cannot work with out EAD.
july16,
I agree that you cannot work without EAD but the status is valid and there is no problem taking the time within US to travel etc.
My delimma was (last year) can the company keep you on payroll if the EAD is filed and H1 is expiring or existing EAD is expiring. The response from my company was that they cannot do anything because they have to keep their records clean for audits. This is something they are forced to do to abide by the law.
I am assuming some employers give some way out by allowing a leave without pay. But that is illegal technically. I asked this question long time ago on this board but did not get much response. And the only conclusion I arrived at is basically termination of employment with vacation payout, benefits and options all treated as termination. And then the only help the employer can offer is to take you back the day you get the EAD. And that would be treated as new employment offer, new start of benefits and new employee number(in my employer's case).
Out of curiosity, I would like to know if you have seen cases where people have used some creative ways of staying on payroll if their EAD was not approved or if it was approved but did not arrive in time. This is all assuming that the time difference is small. If it is anywhere around 2-3 months or more, I would assume no employer will take that chance.
This is a good topic. Specially because many people are filing EAD extensions these days and they should realize the importance of this document.
Thanks.
phoaupkari
Registered Users (C)
abhi_01201
yes employer has to update the I-9 card. Thats true, but then it depends on how the HR guys are. Some of them request it immediately, the others take their own sweet time.
yes employer has to update the I-9 card. Thats true, but then it depends on how the HR guys are. Some of them request it immediately, the others take their own sweet time.
In my case, HR did not ask me anything. I guess they don't know my H1 expired and they should update I-9 card or whatever...
one thing more, my lawyer had mentioned couple of days before something to this effect that if I get EAD renewal receipt, old EAD automatically becomes valid for some 3 months...
She said your HR might now know this and they would want to see the new EAD card. So they might give you trouble so don't tell them anything about EAD expiring and go to them when new EAD comes. She also said they might just come two days before and tell you EAD expires and you can no work. So I will just wait and watch and pray in the mean time.
I will talk to them again and find out exactly what she means...
If that is true, it will give some relief to people here. I haven't heard anything like that before not in this forum also.
one thing more, my lawyer had mentioned couple of days before something to this effect that if I get EAD renewal receipt, old EAD automatically becomes valid for some 3 months...
She said your HR might now know this and they would want to see the new EAD card. So they might give you trouble so don't tell them anything about EAD expiring and go to them when new EAD comes. She also said they might just come two days before and tell you EAD expires and you can no work. So I will just wait and watch and pray in the mean time.
I will talk to them again and find out exactly what she means...
If that is true, it will give some relief to people here. I haven't heard anything like that before not in this forum also.