My employer has not asked me to stop working...
...so in theory I can continue working and getting paid for it. Question is, is that still legal? If your EAD has expired, and the employer has not asked you to stop working or quit, are you still breaking some immigration law? If the answer is a maybe, then USCIS can, in theory, come after you or find grounds for refusal of your I-485 or any other application (coz now they have found one small, single violation).
Employer is not the problem in this case, but USCIS and it's warped (and ever changing) rules are. In my over ten years in this country, this would be the first instance where I may go to work without a valid EAD. It's just an uncomfortable feeling with no knowledge of what the consequences can be.
I did take JMJ's advise too and contacted my congressman today. The receptionist took down my receipt number (MSC###) and said she will enquire at NBC/MSC. How soon or what the results will be is unknown to me.
Jimothy, I have decided to reschedule my INFOPASS appt for day 90 as opposed to day 89, because your point is valid. There are no times available on day 91 so I have to go on day 90. That will still be a few days after an expired EAD, but that's the best I have got.
Did I mention that originally I sent all my paperwork to USCIS 95 days before my EAD expiry but for whatever reason, they did not enter it in their system for seven days...and now I pay the price.