Major problem - I need help!!! :(

You guys are right and I understand all of it but considering the current economic state of affairs and my responsibilities which I have a ton of, it is difficult for me to make a judgement call.

My case status online (I had e-filed) states:
Current Status:

Your I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION was received on January 12, 2004. We mailed you a receipt with information about processing. It is taking between 60 and 90 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.


I just called BCIS on the phone and I did not tell them that I was working currently on the expired EAD. I asked them the following instead:

1. When can I get an interim EAD card and what would the start date state on that? She said I can go in exactly 90 days from Jan 12th 2004 and the start date will be the day I apply for it.

2. When I get my actual EAD card, will it be back-dated to the date when my current EAD card expired? She said yes. It will be back-dated.

Now, tell me: When I get this card eventually and it states a start date on the date when my old EAD expired, how is any of this illegal?
 
Another question: If any of you folks out there did apply for a renewal EAD....and when it did come, whether it was late or early.....what was the start date stated on it?....was it the same as the end date on the old EAD?
 
Trust me, one way or the other...I will come out of this issue. I have to stay positive.

I just need to know cases where people applied for renewal EADs and got their EAD cards late or early and if the start date on those new renewed EADs was the same as the end date on the old EAD card. If this is most certainly true, I don't see why I can have problems in the future.

That lady on the phone told me that the dates on the new EAD card are back-dated to reflect and be in accordance with prior EAD cards. And, if this is true, then on paper...I have done nothing wrong. If BCIS acknowledges processing delays and goes till the extent of back-dating approved renewal EAD cards, I don't see where I am wrong if I stay quiet till I get it in my hand.

Of course, maybe I am being stupid...but, hey, can anyone answer to the above question?

Even if my I-485 is rejected in the future which I doubt...I can always get it back on track with attorneys.....I dont want my employer to get the money from the client for hard work that I have put in and get away with it just cos' of technical issues on the part of BCIS. I will be the loser on the monetary front and they won't be.
 
From your posts it seems your employer is willing to do adjustments. You can tell him to pay u from 1st to 5th and add the the money u earned from 5 to 30 as bonus on that. and same thing u can do for first 10 days for next month. That way u can work as well as get paid.
 
Yaar...some one please tell me about this! LOL :)...and I will keep everyone in the loop till I get into trouble or if I get out of everything with no issues.....

For people who had applied for renewal EADs...whether late in the game or early on....when they actually got these new EAD cards....was the start date on that in accordance/ "back-dated" to the expiration date specified on the old expired EAD card?

I think the BCIS does do this and the lady on the phone did tell me this too. So, what is illegal if one stays quiet and gets this new back-dated EAD card?
 
EADs are never back dated, Either the start date will be the approval date or a future date (if the current EAD is still valid). I think your nervousness is making you spill stuff.

I suggest you keep quiet about this when you go for Interim EAD or when you talk to an IIO.
You will slide in.
 
I read in one of the post that a person got iEAD before completing 90 days. Search for that post. I think he had to get a letter from employer that if he does not have EAD he job will be terminated . Based on that they gave him iEAD .

Or second option for you is talk to your employer and show this time period as vacation . Later when you get your EAD have your employer pay you for this time as bonus or over time.
This should be fine. But dont show this period on payroll.
Hope this helps.
 
All right folks,

Here is the thing: I emailed my attorney 2 days ago and I left a message and he hasn't responded yet. If I cannot get some feedback from him today, tomorrow I plan to do the following:

1. Meet my employer and explain the situation to him and let him know that their company cannot pay me beyond the 6th of March till I have my interim EAD in hand.
2. If they still want me to work at the client-site, I will but they are not to officially pay me.
3. Once I get my interim EAD, they can pay me this pending pay as some kind of "bonus" without deducting taxes so that I can show this as additional bonus income next year when I file my taxes.
4. If they wish to pay me by personal check unofficially, I will accept it.

Is this ok now? Everyone is right...I ought not to be doing something that is wrong....so I will turn this wrong into a right and the above option seems to be the only way. The funny thing is....I used to crib before about this 15 day delay that they had in their payroll....well, I guess, thanks to it....it will actually work out in my favor now!

Do any of you think that my employer wont want to do this? How do I talk to him about this? He has no idea about any of this right now.....
 
EAD renewal are from the the next day your old EAD expires. But some times INS had issued EADs with prsent dates so its depends all on that moron who picks up your application.
 
sjk1
Junior Member

Registered: May 2003
Location: CA
Posts: 21
Recieved the EAD cards for both y'day. Valid date from the previous card expiry date (thats good).

sjk1


__________________
Old ID "SJK"
WAC-02-041-5*****
RD 10-16-2001
ND 11-17-2001
FP 03-28-2002
RFE Recvd 10-13-2003
RFE Replied 12-19-2003
RFE Reced INS 12-24-2003
2nd FP 01-16-2004
 
ghost-rider,
I agree with you for a futhre date scenario. For example if they approve EAD today for the EAD which expires on 03/27/04, they will issue from 03/28/04. What if it expired on 03/15/04. Do you say that today they will issue an EAD from 03/16/04?
 
Folks:

I sent the letter to my employer by email. As soon as I have heard from him, I will let all of you know. I shall keep everyone updated so that other people can share my experience for their benefit in the future.

Thanks a lot. I am keeping my fingers crossed and hoping for the best. I do want to get paid somehow for work already done!
 
Update:

I spoke to my employer on the phone. He hasn't said anything yet....he said he is trying to speak to his attorney and will get back to me today or tomorrow. I will keep everyone posted.

In a weird way, maybe this experience of mine will be very good material for people suffering in a similar way currently as well as for people who could land up in similar situations in the future.

All of this is the by-product of major delays in processing on part of the BCIS and people like us suffer and no one else does. There ought to be extra clauses in their laws.

It makes sense too. If a person can continue to work on the basis that his H1B visa has been sent for revalidation and has not been approved yet...it makes no sense why such a rule wouldnt apply to individuals such as me with a pending GC application who wishes to merely work too and has correctly sent an EAD renewal application ahead of a current EAD expiring. In our case, we need the card and in the other case, having the approved H1B extension paperwork is not a prerequisite!

Total BS!
 
EVERYONE, MY ATTORNEY SENT THIS TODAY:

"You have worked without authorization since the expiration date of your EAD, or since March 5th. However, employment-based adjustment applicants are pardoned for working without authorization under INA Sec. 245(k), as long as such unauthorized employment did not last for more than six months in the aggregate. So you should be fine. In any event, I don't think USCIS would ever even know, or have reason to suspect, that you had continued to work after March 5th. If you'd feel more secure, you can work out an arrangement with your employer to provide you with paid leave from March 5th through the time you get a valid EAD."

Please go to http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-21/slb-6343?f=templates&fn=document-frame.htm for reading about this law!!!!
 
Originally posted by MountainDew
EVERYONE, MY ATTORNEY SENT THIS TODAY:

"You have worked without authorization since the expiration date of your EAD, or since March 5th. However, employment-based adjustment applicants are pardoned for working without authorization under INA Sec. 245(k), as long as such unauthorized employment did not last for more than six months in the aggregate. So you should be fine. In any event, I don't think USCIS would ever even know, or have reason to suspect, that you had continued to work after March 5th. If you'd feel more secure, you can work out an arrangement with your employer to provide you with paid leave from March 5th through the time you get a valid EAD."

Please go to http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-21/slb-6343?f=templates&fn=document-frame.htm for reading about this law!!!!
Click to expand...

Wow.. I really didn't know anything about this.. I am in the same boat with you and this post gave me a nice relief.:cool:
Thanks MountainDew!
 
Yep....I am relieved now...I am just waiting for my employer to tell me what he wants to do now...I hope everything works out.....
 
My attorney had also sent the following last evening:

"I recommend that we continue your employment-based green card at this point since we are well into the process. Remember, even in a worst case scenario with your current process, you always have the option to later apply for your green card based on your marriage...and you would not have to depart the country. USCIS will allow those who marry a U.S. citizen to adjust here, even if they are currently out of status, as long as they entered the U.S. legally."
 
Folks:

I spoke to my attorney and my employer and they both told me that I can continue to work. They told me nothing is going to happen to my GC/ I-485 process. They are going to back me up.

My attorney told me that nothing is going to happen and USCIS is not going to suspect anything. He told me that even if at all USCIS finds out or is suspicous about this, I need not worry as he will take care of it from there. He said that as per law, I will be pardoned and that situation can only arise if they suspect anything or have concrete evidence of anything.

He said that in the vast majority, they never find out anyways. Hence, based on my attorney's and employer's advice, I am working and getting paid and INA Sec. 245(k) is in favor of me and also because I am in legal status and have never done anything wrong intentionally.

I hope this will be of help to other people out there!

You all have been of immense help and I will keep everyone updated so that we all can have more knowledge distributed amongst us!:)
 
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