IS it illegal or any problem to work

U

ushap

Registered Users (C)
Hi All,

I'm expecting my GC approval and my EAD is getting expired in 2 weeks and did not yet get the EAD extension.

Is it illegal to work after the EAD is expired. I'm waiting for my GC approval and also for my EAD extension approval. I do know the status of both of these.

I shall be working for the same employer, so if I work even after the EAD is expired then will it cause for myself any future problems on the things like status or history or any other things

I cannot efford to sit at home.

Please let me know.
I would really appreciate your inputs on these.

Thanks.:confused:
 
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Unless you have an H1 or L1, it is ILLEGAL to work without a valid EAD card. Submitting an EAD renewal alone is not enough.
 
dude

you are in deep trouble. Unless you renew your EAD your employer has no option but to terminate your employment if he strictly follows the labor laws. renew your EAD immediately.
 
EAD options

As one of my friends recently went thru same scenario, I have some info. You may have the following options:

1. If you applied for EAD extension more than 90 days back you can go to local INS office and try to get an interim EAD (some offices don't issue but most INS offices issue interim EAD past 90 days).

2. If you still have valid H1, no problem.

3. Your EAD extension gets approved before the current one expires.

Not very sure about this. But I heard that, whenever your EAD gets approved usually they give extension for 1 year from the expiry date of your previous EAD (not from the approval date). So technically you may not be out of status if you get a query after your EAD extension gets arroved. BUT not an option I would consider.

Obviously check with your attorney before you decide one way or other.

Good luck!
 
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EAD has nothing to do with 'status'. It is only used for employment.

Even though the renewed EAD has a start date of the expiration date of the current one, if you file the EAD renewal late and you cannot show your employer the renewed EAD card when the current one expires, the employer is required by law to remove you from the payroll. They can rehire you when you have received the new card.

So make sure that you have obtained the EAD card BEFORE the current one is expired. Nowadays it takes around 4 weeks to renew EAD in VSC.
 
Thanks for all your replies. They were informative and helpful.

What is the best thing to do for me at this stage if I do not get the EAD extension approval before the GC approval.

Should I notify the employer and get removed from the Payroll.

OR

Continue working after the EAD expiry and the employer does not notice the EAD expiry or is OK with the expiry and I stay on the payroll then will this be a problem later for me in the GC approval or later at any stage in my US career in the legality point of view.

Please advice. :confused:
 
Dude:
I wouldn't continue to work if my EAD expired. The best option would be to go to the local INS office and get an interim EAD or take a unpaid vacation or continue working at the client but get removed off payroll and collect your dues whenever your EAD is approved (i think this is possible if you work for a DESI).
:p
 
Be honest to your employer!
They may then consider putting you in a 'conditionally unemployed' situation. This way, you will maintain clean records.

Remember, not only you but your employer could also face troubles if the INS discovered that they let you work without proper documents.
 
Thanks guys, may be I shall try to negotiate with my employer.

One small thing, I will have another month on my H1 even after my EAD gets expired. So can I use that one month of H1 to work even after the EAD expiry. WIll this be legal.

Hope by the end of that additional one month I get my EAD extension.

Please advide.
 
No U cant!!

This is maysound hard but as far as I know you H1 is invalid once u start using your EAD.so the uestion of using your H1 after EAD expires is ruled out.

Are you working on H1 or EAD???If you are working on H1 and ur EAD is expring u can rely on H1 expiry and EAD is not an issue
HOPE THIS HELPS...
 
I do not know what I'm working on. How do I know.
I was initially on H1 and applied for EAD and got it and my H1 is still valid and is valid 1 month more than my EAD validity.

I have not done any switch explicitly from H1 to EAD.

So does that mean I'm working on H1. (I have EAD)

Do we have a choice to work on the H1 or EAD ???

Please advice how I should know if I'm on H1 or EAD.
 
Hey

If you have not switched from H1 to EAD, you can work till your H1 expires.
You should have filled up I9 form with your employer if you are working on EAD. If not, you are still on H1. To be on the safer side, you can also renew your H1.
 
If you are with the same employer as in H1 then you are working on H1. If you are working with another employer - i.e. you can work on EAD, then you are on EAD.
 
If you only worked for the H1B employer and noone else and if you did not file an I-9 changing your work authorization from H1B to EAD, you are deemed to still be on H1. It doesn't matter whether you used AP or not to travel. If you worked for any other employer, even for a short time, you would be considered on EAD and have given up H1.
 
It looks like your employer doen't know about this yet. I would suggest you look at all other options before bringing this up with your employer. Employers are known to freak out about immigration issues.

How long has it been since you applied for EAD renewal? At least 30-35 days prior to expiry? In that case, you'll very likely get it before expiry of current one.

Also, it looks like the EAD should get renewed from the date of expiry of current one. Worst case, what happens if you go out-of-status for, say, 10 days? Shouldn't 245(k) cover that?

Also, look into options like leave-of-absence where you will not be paid but you can return to work after a break. But don't bring up the immigration issues esp. with company's HR folks till you are fully prepared for their worst-case actions.

Not legal advice. Just another point of view, for what it's worth...

-- alaknanda
 
I-9

form is the one which contains your personal info as well as work permit info which you got to submit to ur employer if u r planning to use ur EAD. You can download it from INS website for more info.
 
Roran,

U r right I-9 is a must to be filled but I think filled/updated it must be irrespective of EAD or H1B or GC status.

And it is a duty of Employer to maintain employee's current status to escape INS' stick.
 
Originally posted by dowser
dude

you are in deep trouble. Unless you renew your EAD your employer has no option but to terminate your employment if he strictly follows the labor laws. renew your EAD immediately.
Click to expand...

dowser, we're here to help one another. Please don't scare off people, provide solutions. Thank you.
 
dma_va:

Even though it is a must, i don't know if some companies are negligent abt it. For instance, my EAD expires on this 27th. I downloaded the I9form, filled it and sent it along with copy of my renewed card to my employer and they never bothered to ask me abt it( They are one of the big six).
 
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