Is it legal to work after EAD expires?

CG560,

I am surprised that you could work with your EAD Receipt Notice. But is that legal? One lawyer said that you actually need the EAD card or the Interim EAD card to work.

I guess it could depend upon the company. Maybe the secretary didn't know that it was possible? Or is it possible that the lawyer is wrong? Any documentation on it?

Thanks
 
needgc123:

Your remark seems to be valid :(

Page 5
Quote:
"A replacement document in lieu of the required document if a document was lost, stolen, or damaged. The replacement document must be presented within 90 days of the hire or, in the case or reverification; the date employment authorization expires."


How does the page 7 "Other Issues" fit into the discussion? :)

"How to Document Extensions of Stay for Certain Nonimmigrants Continuing Employment with the Same Employer
• The following nonimmigrants with pending applications to extend their stay are automatically authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay: A-3s, E-1s, E-2s, G-5s, H-1s, H-2As, H-2Bs, H-3s, Is, J-1s, L-1s, O-1s, O-2s, P-1s, P-2s, P-3s, aliens having a religious occupation pursuant to 8 C.F.R. 214.2(r), and TNs. To document this extension of employment authorization on the Form I-9, any occupation pursuant to 8 C.F.R. 214.2(r), and TNs. To document this extension of employment authorization on the Form I-9, any expiration date noted in Sections 1 and 2 should be updated to clearly reflect this extension. The update should be initialed and dated."

Does this not mean, you have up to 240 days?
I assumes "Is" are I485 I140 I765.

Any thoughts?
 
Lemmi,
What is listed in Section 7 is NOT applicable to those whose status is AOS pending , i.e you are using EAD to work ,AP to travel and 485 is pending approval. You need to have an EAD card to work or a receipt if the card was lost/stolen/damaged.

I know the 240 day rule is applicable for H1-Bs
 
Needgc123/lemmi,
I think on page7 the mentioning on 'Is' relates to I-131, I-765, I-140 and I-485 etc., While entering US on AP, on passport, it is mentioned as I-512(AOS). I believe 'Is' must be related to AOS. But the question is why no lawyer worries about this documentation?! Everybody is simply saying you cannot work with the expired EAD. In my case though it is expiring on 04/02, I haven't received any notice or query from my company lawyer inquiring my current EAD.

Also, when I spoke to an IIO, she said I am not supposed to work if my EAD is expired. I have to wait until my new EAD is approved or I have to wait until the crap 90 days to get the interim EAD.

On page 5 of the doc, on receipt rule, it says
"Employees who do not possess the required documentation when employment begins may not submit receipts
showing that they have applied for initial applications for documents or for applications for extension of documents. An
employer may only accept receipts for"

Please note that 'when employment begins ' and not for the continuation. For the continuous employment, I think page 7 explains under
"How to Document Extensions of Stay for Certain Nonimmigrants Continuing Employment with the Same
Employer"
 
Just FYI

Hi,

I sent my papers to lawyer on 12/19/2003, they filed with VSC on 12/23/2003, but VSC shows they being RDed on 12/29/2003 and NDed as of 01/07/2004. My current EAD expires on 03/25/2004.

The 90 days are counted from 12/29/2003 and so 91st day is on 03/28/2004. My lawyer was very clear in saying that I can not work after 03/25/2004, which is Thursday. So really means I can not work on 03/26/2004 (even if it is only one day). I can only go to local INS office on Monday, which is 03/29/2004 and get the Intrim EAD. All this if I do not get approved before that.

So according to my lawyer, if my EAD expired and if that date if not with 90days from RD, I can not get Intrim EAD and so I can not work. I can always work without Pay, if I desire so. This they said will not cause any ill effects on my GC.

There is one way we can ask for expedite EAD renewal, but my company has to show the evidence that, me not working for 1 day or x no. of days, will either cause my company to loose some contract worth M$'s or will cause loss to some american jobs. Which for one day, will be difficuilt to proove.

Thanks.
 
OK, you are all according your lawyer

I accorded the university, they want me to stay.
An alter way is that if your company really want you stay, they can hold your salary and pay you after you got your EAD this is exactly legal. Maybe Company is more difficult then university.
 
govgc:
I agree with your point of view.

It would be to good to be true. I did consult 2 lawyers. I am surprised that they did not mention this option, therefore I am not to optimistic, that I have found the solution for this odyssey. My human recourse department tried several avenues.

GKVBC:
It is right now a very bad time for me not to work for 60 days. My company also tried to expedite the process. The only way to expedite is to send a letter of appeal. Once it is received at VSC, it is basically up to the person who is reading it.
That is the information, which I got from VSC on the phone verifying that they have received the letter. My letter was received on 1/28/04, but nothing happened.
 
Re: OK, you are all according your lawyer

Originally posted by CG560
I accorded the university, they want me to stay.
An alter way is that if your company really want you stay, they can hold your salary and pay you after you got your EAD this is exactly legal. Maybe Company is more difficult then university.
Click to expand...
It is not legal.
Without EAD you cannot work. Even you can get paid (It will be Some thing similar to gift).
Can university pay you the salary even after showing absent/ On vacation on the records? Will they manipulate the records?

You should not attend the office. Do not try to make wrong interpretations. That is the reason they ask for pay slips. If they come to know this, whole green card will be in jeopardy.
 
Last edited by a moderator:
I visa is for information media visa- like for journalists covering winter olympics.
The best way around is to arrange for paid only in eligible dates, unpaid vacation etc.

whatever it is, You should not be in the payroll during the period between current EAD expiry date and new EAD (iEad) approval date.

I am locking this thread in a day or two,because it provided lots of false hopes and false information to the users.
 
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