I know my EAD is approved, can I work without the physical card?

W

wouldliketoknow

Registered Users (C)
Basically, I recieved a notice saying that my EAD has been approved and I have to appare at a local INS to get the card. Well, by the time I recieve the physical card, the current one has expired.
I KNOW I am legal in as much as my new card will state 'valid from' before my current EAD expires. Do I HAVE to have the card in order to work?
 
wouldliketoknow said:
Basically, I recieved a notice saying that my EAD has been approved and I have to appare at a local INS to get the card. Well, by the time I recieve the physical card, the current one has expired.
I KNOW I am legal in as much as my new card will state 'valid from' before my current EAD expires. Do I HAVE to have the card in order to work?
Click to expand...
Most employers want you to reverify your work authorization before the current one expires -- and for that you need the new card.

If your employer doesn't ask you to do this, you can always do that after you get the card.

In any case, its the employer's responsibility.
 
wouldliketoknow said:
Basically, I recieved a notice saying that my EAD has been approved and I have to appare at a local INS to get the card. Well, by the time I recieve the physical card, the current one has expired.
I KNOW I am legal in as much as my new card will state 'valid from' before my current EAD expires. Do I HAVE to have the card in order to work?
Click to expand...

If you read I-9 form and instructions carefully, then it clearly says that you can show the actual document within 90 days of employment. Also, a weird thing is that I9 states that the social security card is proof of employment eligibility! And also that an employer cannot ask for specific documents and that it is up to the employee to show one of the documents listed in I9 as proof. Thus, foreign passport or US drivers license + SS card should be enough! Maybe this is a loophole..
 
eb1or_aug05 said:
If you read I-9 form and instructions carefully, then it clearly says that you can show the actual document within 90 days of employment. Also, a weird thing is that I9 states that the social security card is proof of employment eligibility! And also that an employer cannot ask for specific documents and that it is up to the employee to show one of the documents listed in I9 as proof. Thus, foreign passport or US drivers license + SS card should be enough! Maybe this is a loophole..
Click to expand...
Well it can work only if your SS card does NOT have the
"Valid for work only with INS authorization" wording.

You get an SS card with no restrictions only after you become a PR - till then you'll have some sort of restrictive clause on the SS card.

There is no such loophole (yet !)
 
Thank you guys, for taking to to share what you know and think. Really appreciate it.
Employer is totally not a problem. He doesn't care, even though he should. I was worried that when looking at my case say on an inverview for my I-485 they look at my case and ask what did I do during the two weeks that are in between my EAD cards.
But thanks again!
 
wouldliketoknow said:
I was worried that when looking at my case say on an inverview for my I-485 they look at my case and ask what did I do during the two weeks that are in between my EAD cards.
Click to expand...

The only dates USCIS can look at are the expiry date of the old card and the approval date for the new card. If you didn't work between that period, then you're technically fine in the eyes of a local office USCIS interviewer. USCIS has no clue or proof as to the date when USPS actually delivered your EAD card.
 
Thanks so much. Thats what I thought as well. I also called the national service center and asked what date will be on my new card. And they said that my Valid form date will be the approval, not the issuance date.
 
You must log in or register to reply here.
Top