Is it legal to work after EAD expires?

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mig30

Registered Users (C)
My EAD expires on 03/31/2004. Will I be legal to work after 03/31 considering that I had applied for renewal EAD online?

The RD was 01/22/2004. This probably doesn't allow me to go for interim EAD also since it won't be 3 months from the RD.

Also will it complicate my case as I have moved to Washington state after applying for AOS in VSC? I did file for AR-11.

Thanks in advance
 
Answer: No

The answer is No. You cannot work without an EAD after March 31st "If you are currently working on EAD"

Theoritically, you can go on a paid vacation after March 31st until you get an interim EAD. When i was in a similar situation last time, my attorney adviced my company to do that. But i never had to use that offer as i got my renewal just in time to keep me going.

You can always go to the local office and try your luck. I know one guy who got his IEAD along with my IEAD before completing his 90-day. I would suggest you go on March 29th.
 
BCOOLER,
I am in a similar situation like mig30. My EAD expires on 04/02/2004. I applied for EAD on 2/17/04 by e-file. My I-485 is in pending with TSC and I moved to LA as soon as I have applied my 485. I have given I-9 to my employer. But until now, my employer hasn't verified my EAD info. My question is that what if my employer/attorney doesn't raise this issue at all?

Foot Note: I have seen your outburst in another posting. I understand how this whole GC stuff frustrates everyone. But B COOL as your name says. Soon we all will be out of this mess! Count on me!!
 
Mine is expiring ON 3/16/2004. I applied for renewal last week. I'm going to local INS office in DENVER next week to see if I can get an interim EAD.

I don't have a EAD receipt notice yet. I hope I would get it from NSC by next week.

Do they give Interim EAD with out a receipt notice?
 
No they don’t. :(

Take a look at this link:
http://boards.immigrationportal.com/showthread.php?s=&threadid=115607

My company failed to file in time and I am out of pay for two month.
I do not understand the concept. I have filed for I485 and was approved for I140. Got my 1st EAD card. My attorney told me that the whole process should take 8 month. I guess that was a bit naïve.

Obviously it takes much longer.
It does not make sense. If one has been approved for the 1st EAD card and one is patiently waiting for 2-5 years to get the I485 approved, why is it illegal to continue working until you get 2nd EAD card.

I understand it is the law, but this situation creates a lot of overhead for the system.
How often, does it happened, that an EAD is not renewed, in case your I485 is still pending? Lets assume not that often what I have gathered from reading this forum.

People who have a job are being put in a position to have no income. No income means no taxes. Bad for the state!

How is one supposed to survive without income for an extended period of time?
 
'It does not make sense. If one has been approved for the 1st EAD card and one is patiently waiting for 2-5 years to get the I485 approved, why is it illegal to continue working until you get 2nd EAD card."


Applying for IEAD means you have to pay the government for the fee. That's an added revenue for them. By the way, how much does an interim cost?
 
Yes it makes no sense at all. I hope INS amends this stupid rule. If other visa holders like H1B can continue to work while the renewal application is pending, EAD holders should also be treated similarly. Besides it is not our fault that INS is taking so long to process the application. On my first EAD it took me around a months time. So, how was I supposed to guess that this time it would take more than 3 months?

BTW, EAD renewal fees is the same for a new EAD which is $ 120.
 
AJ021402:

I don't mind the fee. This peanuts compared to the damage which already created.

The can charged and if the want revoke the EAD card if necessary.

mig30:
I think AJ021402 meant the cost for the IEAD card (after 90 days).
I hope I do not have to pay twice, because they can fullfill their commitment.
 
Hi guyz,

One thing that you can try is to check and see if your case has been transfered to the local office.

In which case, Just take with you the following docs

- front and back of I-94
- front and back of old EAD
- copy of I-485 receipt
- Filled up EAD app
- Money order ($120) drawn on "US Citizenship & Immigration Service"

In that case, they will accept a new application and they can give it to you in ten days. Thats what happened with my wife's EAD. she is getting it much faster than the one i filed three months back for myself with the efiling.

You go there, they will give you a small grocery store receipt kind of and give you an appointment for some other day. You go on the appointment day they take FP & Photos just like Interim EAD

if it doesnt work then u can get back your money order but if it works even for one of you then Vallaaaaaaaaaaaa, i will be happy.
 
Thanks bcooler

But, how do I find out if my case was transferred to the local office? Besides, since I moved out of MA to WA I don't know what my local office would be.

Can you send more details about your wife's case?
 
I think this would depend upon the company you are working for. There might be some legal issues from the company's point of view.
 
Well that what I am trying to find out.
The company said, that they could get a 7digt fine if I am working without my EAD card.

I am not sure whether they have complete understanding about the situation.

OK, the question is now: Is there any leagal problem for my company if I decided to volunteer my work?
 
This will be better answered by a lawyer. My guess would be there shouldn't any issues for volunteering. And if you can convince your company, who knows they might pay you out in some form of a bonus at the end of the year or something? Hopefully your company will agree to that...
 
I can difinitly tell you

My EAD expired on Dec. I still can work with the notice. but it seems I can only work 3 months with the notice. That is why I have to get my interim EAD. And that is why interim EAD only can be given after 3 month of the notice. It all depend on you institute or company, to see if they understand the law.
 
CG560:

My EAD expirede on 2/13/04.
Which notice are you talking about? The reciept for your next EAD filing?

My company grounded me until I have this situation resolved.
Do you have any information how I can make them understand?

Thanks for the info, I hope I am not getting to excited.
:)
 
Yes, EAD notice

I don't know how you can let them understand ,maybe just talk to them, anyway I work in the university, the hurman resource and internatinal office know that. By the way just checked noline massage show my EAD just was approved, I am happy that I do not need to go to NYC to get my interim EAD. Good luck to you.
 
CG560,
So, you mean to say that it is ok to work with the receipt notice even if the EAD is expired already.

The reason is that I have just applied my EAD renewal on 2/17. My current EAD expires on 04/02. So, from 04/03 until I get my EAD approved or 90 days, Can I continue to work legally? Is that what you say? If what you say is true, then I surely will sleep tonight peacefully!Please shed some more light.

Thanks
 
Yes , It is true!

My renew EAD notice Nov.13
My second EAD expired on Dec. 21
I want to quit job on christmas
Secretary told me I can continue to work with the EAD notice.
Then I continue my work.
Today Secretary told me that I cannot work after March 21 unless I can got any other paper from INS.
I prepare to go to NYC to get interim EAD.
Then check online information, shows application approved.
I do not need go to NYC. that is all.
 
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