I 765 EAD efiled online, but current EAD expires before 90 days

[Msrrini]

I have a question on I765 EAD Renewal. My current EAD will expire on 05/01/2004. I have applied for renewal today online (02/06/2004) & going tomorrow for ASC to give FP, Photos..etc., but as per current work load in INS Office's I may not get new EAD before 05/01/2004. I can get intrium EAD if i have applied 90 days before my expiration date. Obviously I missed that oppurtunity.

Question: I changed new employeer after 180 days of I 485 submission. Now, If I didn't receive NEW EAD before my current EAD expiration date, what will be the my status. Am I still eleigible to work on expired EAD?. I do not have valid H1B visa. The only proof to show my current employeer is EAD Receipt Date. Please advice.

I am going to check in person when I visit ASC tomorrow. Talk to you guys soon.

Regards, Srini

 

[ManiG]

I am in the same boat as you are, my current EAD expires on 03/30/2004, and i already efiled for EAD renewal on 10/18. It looks like TSC is processing the EAD applications fast than before. I am planning to do the same, if i don't get it in 90 days then i wil go to the local office to get the IEAD.

Another member of this Forum said that TSC is working with 10/18 files as of 31st Jan. So, i am hoping to get EAD approval in the next 1-2 weeks.

I will post it when that happens !

 

[ManiG]

Correction........I efiled on 12/18 and the current processing dates for I765 in TSC is 12/18

 

[ManiG]

You may want to dig in to this forum, you will get some ideas at least. I remember some of the members in this forum suggested to take time off from work until you get your new EAD or don't get pay for that pay period(if your employer agrees to go with this!).....

I think these 2 options are the safest options that we can go with.....but did you chk with your attorney office ? Some employers they really don't worry much about this, bcas the first time they get a copy of your EAD and file it for their records and then that's it...they never ask about it again.

But i am not sure if that could trigger any kind of RFE at a later time ? God only knows what the officers are doing ?

 

[Msrrini]

Hi Guys!

I visited ASC on saturday. I gave my confirmation Receipt number (the print page when I received after efile) as they requested. They took the FP,signature and 2 times pictures. And then they gave me back with date stamp on confirmation page for my records. They took < 10 mins to do this.

Anyway, back to above question (I applied for new EAD before 90 days of my expiration date and don't have valid H1-B visa) what will be happen to my status & am I eligible to work in that period?.

1. They are saying 'status' will be legal to stay in U.S because of
my I 485 application is in Pending Status.

2. If I didn't receive new renewal EAD before my current EAD
expiration date they said that it should depends on employeer.

- As per rule I should not work and employeer should not
accept/hire with expired EAD. Employeer will get troubles in
future it seems.

- They advised to discuss with HR & company lawyer in this
matter.

3. Then we counted the no.of days upto my expire date
(05/01/05). In my case I am close to 90 days (but one week
less).

- They mentioned that Renewal of New EAD will be FASTER
than first-time EAD approvals and No need to worry and you
have plenty of time to get your approval.

- However If I didn't receive with in my expiration date They
advised to go local INS office and be in line of 1st or 2nd
candidate and explain your problem. They should give A# or
Intrium card on same day (even if my submission doesn't
pass 90 days).

Bottom Line: After completed my conversation with her, I am positive myself that will receive/get before my expiration date.

BUT DON'T BE LAZY LIKE ME. SUBMIT EAD RENEWALS IN TIME AND ATLEAST BEFORE 4 MONTHS.