Late in applying for EAD - Please Help!

A

abdallah

Registered Users (C)
My EAD expires on March 28, 2008 - I applied for a renewal, the receipt date of which is Jan 03, 2008.

If my EAD fails to arrive prior to March 28, 2008, what does it mean for me? Does it make my stay in the country illegal? What can I do to remedy the situation?

Please help.

Thanks,
-Abdallah
 
EAD is just for your work authorization..you stay will not be illegal or out of status.. you'd need to stop working if you dont receive EAD by that time (march 28th)..

Hope you would get by that time..Good luck..
 
Apol,
Thanks for the prompt reply.

When you say "stop working", does it mean that I can take leave from work? Or do I have to "quit" temporarily and then rejoin?

I should've also mentioned that my AP also went in for renewal alongwith my EAD, and if I remember right, my I-94 says that my stay is valid until March 28, 2008. Now, would that in any way make my stay illegal beyond March 28, 2008?

Thanks once again!
-Abdallah
 
You cannot be employed if your EAD is not valid. This period of unemployment may be defined as "leave" as long as you are not paid.

As long as you have a properly filed I-485 pending, you will remain legally present in the US even after the date on your I-94. So don't worry.
 
jk0274,
Thanks for your reassuring response. I think I should be ok with a few days off without pay.

I finally received a reply from my attorney's assistant, who says that it should be ok for me to continue working even without my EAD, because my H1-B is still valid until October 2009. When I brought to his attention that I entered the country on AP last year, thus invalidating my H1-B status, his response was: "Don't worry - USCIS is a little fuzzy on the H1-B abandonement issue"!!!

I think I will stay on the safer side and be on unpaid leave, rather than use the H1-B excuse.

Thank you again!
-Abdallah
 
jk0274 answered all the questions... Yep you are no illegal at all though i-94 is valid till March 2008 as long as your 1-485 is pending.

one of my friend's case , (when he didnt receive his EAD, HR asked him to go on unpaid leave (he didnt get paid for that EAD Gap perios) and come back whenever EAD approves).. depends on individual company and their policies. Basically that period would be a "NO PAY PERIOD".

I hope you get your EAD before that. Good Luck!!!
 
abdallah said:
jk0274,
Thanks for your reassuring response. I think I should be ok with a few days off without pay.

I finally received a reply from my attorney's assistant, who says that it should be ok for me to continue working even without my EAD, because my H1-B is still valid until October 2009. When I brought to his attention that I entered the country on AP last year, thus invalidating my H1-B status, his response was: "Don't worry - USCIS is a little fuzzy on the H1-B abandonement issue"!!!

I think I will stay on the safer side and be on unpaid leave, rather than use the H1-B excuse.

Thank you again!
-Abdallah
Click to expand...

1- Read this carefully, it may answer some questions you may have.

2- If your receipt date is the first week of January, I think you will very likely get your EAD before the end of March.
 
jk0274 and apol,
Thank you both VERY MUCH for your prompt feedback and your best wishes. I feel much relieved after reading your responses.

And thanks to everyone on the Immigration forums for helping folks like me.

Best,
-Abdallah.
 
jk0274 said:
You cannot be employed if your EAD is not valid. This period of unemployment may be defined as "leave" as long as you are not paid.
Click to expand...

He can be paid, he just cannot work, although USCIS will equate the two unless he provides proof that he wasn't actually working. He should also look into 245k relief, which allows unauthorized employment of up to 180 days without penalty.
 
abdallah said:
jk0274 and apol,
Thank you both VERY MUCH for your prompt feedback and your best wishes. I feel much relieved after reading your responses.

And thanks to everyone on the Immigration forums for helping folks like me.

Best,
-Abdallah.
Click to expand...

Just one correction to the what someone mentioned about interim EAD cards.
Local WILL NOT issue an interim EAD card. Instead they will contact the office where you have applied for your EAD to expediate your application or issue an interim card . THis BTW they usually do once 90 days have passed since they recd the application.
 
TheRealCanadian said:
He can be paid, he just cannot work, although USCIS will equate the two unless he provides proof that he wasn't actually working. He should also look into 245k relief, which allows unauthorized employment of up to 180 days without penalty.
Click to expand...

Thanks, I didn't realize that.

Al-aos: If you are referring to this post above by TheRealCanadian, he wasn't referring to an interim EAD. He is referring to a provision where USCIS can decide not to penalize you for illegal employment provided you fit certain criteria (a major one of which is not to exceed 180 days).
 
Actually I wasnt refering to the Real canadian at all.
I was refering to another Poster Sureshbhojwani on another thread posted by abdallah. I do not know how this post landed here.:D
His post was .

" Hi
EAD is work permit. depending upon your employer he may allow or may ask you to take a leave and return once you get renewed ead card. you can go for info pass before expiry date and request their help. if they see approval online they can issue temporary card there and then. good luck."


and was merely letting Abdala know that interim EAD is not issued anymore in the Local Office. I apologise if I caused any confusion
 
That clears up the picture quite a bit :) I will definitely look into the provision that RealCanadian referred to - although I hope I won't have to do that!

Thanks guys.

-Abdallah
 
Ead

I am in the same situation and from the discussions in other threads I came to the conclusion that working after you EAD expires doesnt make any difference as long as your employer is okay with it,I also went to local ASC and they told me I will be ok,since the renewed EAD that you will be receiving starts from the date your current expires so it really doesn't make any difference as long as your employer is fine with it.
 
Hello Guys,
I have a question and I hope to get an answer from you. My OPT just expired two days ago and now I am back in school taking night classes as a graduate student. I had a phone interview yesterday and it is likely that I get the job. It is a short term project that will end in October. I was wondering if it is possible to work for free to get an experience while I apply for asylum( my country is having a political turmoil and things are really bad, my parents left the country). Is working for free forbiden by law for international students?
Thanks
Bakassi
 
Bakassi said:
Hello Guys,
I have a question and I hope to get an answer from you. My OPT just expired two days ago and now I am back in school taking night classes as a graduate student. I had a phone interview yesterday and it is likely that I get the job. It is a short term project that will end in October. I was wondering if it is possible to work for free to get an experience while I apply for asylum( my country is having a political turmoil and things are really bad, my parents left the country). Is working for free forbiden by law for international students?
Thanks
Bakassi
Click to expand...

Generally, the USCIS does not allow a foreign national to volunteer at a workplace unless that individual is specifically within a program designed solely for volunteers; for example, if you join a 'volunteer' organization that consists of volunteers regardless of citizenship status. Otherwise, it would be considered work and is not allowed. If you are asked to 'volunteer' in a workplace that normally wouldn't have people volunteering in it (like an office or a company or whatever), that would not be allowed under immigration rules. See here for some additional information.
 
You must log in or register to reply here.
Top