Interim EAD?

T

tattale

New Member
Hi can some please help me out, or at least explain whether I can get an interim EAD.
I am an F1 student, current status, still on OPT, therefore I have an EAD. I recently got married to my USC boyfriend. At the beginning of November applied for AOS, I130, I 131, and EAD. My current EAD expires January 8th 2008. Would I be eligible for an interim EAD? I have a really nice job, and really would like to avoid taking unpaid time off until the EAD is approved.
 
Interim EAD's are no longer being issued.

In your case, you have up to 90 days to provide a current EAD to your employer after your old EAD expires. You should have received the replacement EAD within that period.

So if your employer asks for your new EAD on January 8, 2008 give them the Receipt Notice you received from USCIS. You then have up to April 7, 2008 to give your employer a current EAD.

Read Form I-9 instructions for confirmation.
 
The new replacement EAD, when issued, would be valid from January 8, 2007. After presenting the Form I-765 Application receipt to the employer, the OP has until April 7, 2008 to present the physical card to the employer.
 
Why will the EAD be considered a replacement EAD, because the OP already had an EAD when she applied for AOS and her basis for employment authorization has changed? And when would this card expire if it was valid from Jan 8, 2007?
 
austriacus said:
Why will the EAD be considered a replacement EAD, because the OP already had an EAD when she applied for AOS and her basis for employment authorization has changed? And when would this card expire if it was valid from Jan 8, 2007?
Click to expand...

First of all, the OP's status is still valid, an F1 on OPT with a valid EAD. So if the OP had not applied for AOS, the current EAD will expire on January 8, 2008.

The OP has now said that he/she has applied for AOS by submitting the Forms I-130, I-485 and a Form I-765. Since we do not know when the AOS based EAD will be approved we will assume that it may not arrive or be approved till after the expiration date of the current one.

But we do know that the OP has applied for one and has a Receipt Notice to prove this.

1. If the AOS based EAD arrives before 1/8/08, then there is no problem.

2. If the AOS based EAD does not arrive by 1/8/08 then the OP shows the Receipt Notice to the employer and has 90 days from that date to provide valid proof of employment authorization.

3. When the EAD arrives all the OP does is show it to the employer within 90 days. The AOS based EAD's validity may or may not overlap the dates of the F1 based EAD. It does not have to be continuous from the expiration date of the F1 based EAD.
 
asPapi,
Are you sure about your bullet # 2. Why would she get a extra 90 days for employment after the expiration of current EAD. Can she work while her EAD application is pending? I've never heard/read of anything like that before.
As far as I know just applying for EAD doesn't give you any right to work (not even for 90 days when the application is pending).
Please correct me if I am wrong (and would greatly appreciate if you can point to any USCIS written document).
 
asPapi,
I read I-9 (as you had mentioned above) and am quoting it.....
"If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days......"

Hopefully I am interpreting this correctly (against favor of EAD applicant).
So basically this rule applies only if I am authorized to work but can't produce the document. A pending EAD application doesn't authorize me to work, so I can't use this rule!!
I would love to hear that I am wrong. Has anyone used a EAD receipt to start working while EAD application was pending?
 
You cannot use an EAD receipt to begin employment.

The responses given in this thread are as a result of the OP's question, you should start reading from the beginning of the thread.

The responses are in regard to someone who is already working with an EAD that is about to expire who then applies for a new EAD.
 
asPapi said:
You cannot use an EAD receipt to begin employment.

The responses given in this thread are as a result of the OP's question, you should start reading from the beginning of the thread.

The responses are in regard to someone who is already working with an EAD that is about to expire who then applies for a new EAD.
Click to expand...

But if the current EAD expires on Jan 8, 08 and the new EAD comes after that and does not have a beginning valid date prior to Jan 8, 08 - then for a period of time the OP will have worked without authorization.

Question - when people receive their AOS EAD - what have they gotten as the beginning validity date?
 
asPapi said:
You cannot use an EAD receipt to begin employment.

The responses given in this thread are as a result of the OP's question, you should start reading from the beginning of the thread.

The responses are in regard to someone who is already working with an EAD that is about to expire who then applies for a new EAD.
Click to expand...

Why does it matter whether you are beginning employment or are already employed (in case of EAD renewal etc). If the employee is asked to produce proof of eligibility to work on January 9th 2008 and the application is still pending, what gives her authorization to work. Why does it matter that she is already an employee of the company.
I know that in case of H1B visa there is a very specific exception where if a person transfers a job (and applies for another H1B), then he/she can begin working while the application is pending. I am unaware of any such exception for EAD renewals. Just based on I-9 instructions I don't think a person can work while EAD renewal is pending.
Once again, I would love if someone proves me wrong. I know a lot of people go through this (EAD renewal). And there's always a big element of doubt whether your EAD approval will come in time or not. It'll save people a lot of trouble if what asPapi is saying is true, but based on just I-9 instructions I am not able to draw that conclusion. I haven't consulted with any attorney though and am writing based on my sole judgment after reading the I-9 and I-765 instructions.
 
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