My EAD is expired and still didn't get a new one

R

rmdil99

Registered Users (C)
My EAD is expired on April 4th and still didn't get a confirmation. I forgot to apply 90 days before, I applied a month before only i.e February last week and INS received it on March 3rd.

Am I considered as Out of status now (or) Is it ok that I applied before my EAD expired and received a confirmation that i will get it soon.
 
You are in status as far as your stay in the US is concerned, till such time that the I-485 is pending final adjudication.

However, you cannot work, solely based on the fact that you have applied for an EAD renewal. You need to actually have the approval/ card.

KS
 
Check with your Attorney. I heard from couple of people and even from my lawyer(before INS became BCIS), once you apply for EAD renewal(only renewal, not first time EAD), you may continue to work on EAD. But I see in Murthy charts that she insists to have EAD renewal approval to contiue employment on EAD.

If you are not working on EAD, no need to worry.
If you are working on EAD, you better check with your attorney if you can work while waiting for EAD approval.


Good luck
 
my company requires a valid EAD to comply with I9 regulations (per Human Resources and our legal). I did get an interim EAD after 90 days.
sadiq
 
Thanks for your replies !!!

I can not to talk to lawyer or attorney because of my company policies and they don't allow me to talk directly also. So I sent an email couple of days ago to my company but there is no reply at all...

Hopefully you guys can help faster rather than a reply from my company...
 
Does your company have a human resources department? If so, call them and ask your questions. Refer to fullfiling I9 form requirements. My understanding (I'm not a lawyer though) is that the I9 requires you to have the EAD in order to be valid. The company actually has to see the card itself, and then they make a copy for their recordds (actually that's what they told me).

rgds,
sadiq
 
Check with your company's HR and attorney. I think you will not be allowed to work without EAD.
 
My EAD is approved now

:confused:

I received card with my approvals but it doesn't show my start date as my previous EAD expiry date. Now I have a gap between my old EAD card expiry date and new EAD card start date as one month.

I mean i am in no status for a month. Do I have to do anything fo that !!!

:confused:
 
Last edited by a moderator:
rmdil99
I went to ny city for ead renewal since my case got transferred to local office and my ead was expiring on May 15th.I applied on March 3rd aswell.When i went there they didn't renew my ead ,they told me to come after 90 days.Up to 90 days after your application for renewal it is safe to be without ead.I have to go again now after June 4th.So don't worry.
best of luck:)
 
rmdil99

consult with your lawyer on this one. i was in a similar situation: my H1 was expiring and my EAD renewal application was not likely to be approved before my H1's expiration date. i was finally able to prevail upon my employer to file an H1 extension for me before my H1 expired (i had not used my earlier EAD).

my contingency plan was to take unpaid leave (but not actually stop working) for the period between the expiry of my H1 and approval of the EAD, so as to obviate a gap in employment authorization.

while, earlier, such a gap might have been condoned by INS, nowadays, it seems to be a big deal. if your employer/lawyer needs any convincing that they need to take some retroactive steps, here's a couple of sources that might help:

1. The Oh Law Firm: http://www.immigration-law.com/ -> Breaking News -> 04/03/03: Delay of EAD Processing and BCIS Policy

2. ImmigrationPortal.com: Critical - H1 expires - Do not have EAD yet!
 
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