Need help!!!!! Please....

8

8/2002waiter

Registered Users (C)
My second EAD expired today and I have not received my third EAD.
Here is my detail information for my EAD:
RD: June 7
ND: June 8
I went to local INS office this morning. No luck. I was told I had to wait for another 27 days to get IEAD.
Right now I am working on a critical project, my boss don't want me take a vaction. He said I can work for him right now and paid me later once I got new card.

I just checked with my attonery, she asked me not to work for everybody even without pay.

Any idea?
 
8/2002waiter said:
My second EAD expired today and I have not received my third EAD.
Here is my detail information for my EAD:
RD: June 7
ND: June 8
I went to local INS office this morning. No luck. I was told I had to wait for another 27 days to get IEAD.
Right now I am working on a critical project, my boss don't want me take a vaction. He said I can work for him right now and paid me later once I got new card.

I just checked with my attonery, she asked me not to work for everybody even without pay.

Any idea?
Click to expand...

Working without work authorization is illeagal. Take time off. You can rejoin the company as soon as you get your iEAD/EAD. Good luck!
 
i came close to a similar situation myself in the beginning of 2003, and was faced with a decision. it is easy to suggest that you should take time off, but in reality, whether or not that option is available to you depends pretty much on your situation with your employer.

for me, it was clear that i could not take time off. nor was it looking likely that my EAD would be approved before the time i needed it. also, i had double-checked with an attorney (not the company attorney) that working with deferred compensation would be just as illegal as working without authorization for regular compensation.

so the decision i came to for myself was to "officially" take vacation, but continue working on my project without pay until i became employment-authorized again one way or another. in other words, i would forego any compensation for that period altogether, which for me would have been about a month (at the end of which time i would become eligible for an interim EAD).

fortunately, it didn't come to that, as i was able to convince my employers that they needed to file for my H1 extension, instead of having me switch to an EAD which our company's asshole of a lawyer had recommended to them.

i am not recommending this course of action to you. we all have to make up our own minds. this is simply what i was planning to do, in the worst case scenario.
 
Officially apply for vacation. Do not claim your labor until you recieve EAD approval.

To keep your immediate boss happy..., if you have a chance to work from home, work from home.
Keep yourself silence. Do not inform anybody that you do not have approved EAD in hand.
If you have no enemies at work, it will work out. Even if you have single enemy at work..., do not take risk.....
I know suggesting is easier than... following...,
Your GC is important to YOU
 
I had the same situation in Oct 2003, my EAD was expired and was waiting for the new one. I talked to company lawyer, she told me that you can work on the project on your own without pay. I asked the HR to remove me from the payroll which they did. Once I got my iEAD after 10 days they put me back on the payroll and compensated me for the days in the bonus.

I hope this will help.
 
Same situation i experienced just 2 months ago

nothing and no one can do anything.. my company terminated just because of this and hired me back after ead.. even lawyer also said the same thing...
 
8/2002waiter,

Such things require a commensense approach. It is true that working withiut EAD is illegal, but do you think if you work without EAD (pending application), it will be that big a crime as to invite the wrath of USCIS?..I don't think so. Remember the main thing is that you should not be paid for the work. You can still do 'voluntary' work, as long as you do it without pay. Even H4's are allowed to do voluntary work.

I guess you will use your head and decide what is best for you.
 
Hmm

Well, you should have acted wisely. Why did you give only two months to get your next EAD when EAD is the only thing you are working on? I don't want to hurt you, just reminding next time give at least 4/5 months.

This is very typical we all will ask you not to work for this 27 days. This way you are clean and nothing bad will happen in future.

Finally, this is you call now. Do whatever you think is the best.
 
EAD and H1B

I am just wondering how the USCIS knows that you are using EAD or H1B for your current work. For example, if I transfer from EAD to H1B at some time, how can I confirm that USCIS knows this transfer? This question may be too simple for you guys. But I really appreciate your information. :confused:
 
mikecc said:
I am just wondering how the USCIS knows that you are using EAD or H1B for your current work. For example, if I transfer from EAD to H1B at some time, how can I confirm that USCIS knows this transfer? This question may be too simple for you guys. But I really appreciate your information. :confused:
Click to expand...


Good question, some one more experinced may be able to answer you better.
But this is my understanding: "It is your personal responsibility to prove that your stay/ work was legal on any day of your stay in this country" and "it is your employer's responsibility to prove that they employed only people legally eligible to work"

So, I guess, once your H1 expires, it is your employer's responsibility to find out your status and any responsible company will do that. My H1 expires in mid-Sept. 2004, and our company attorney asked me a couple of weeks ago, about this, to find out what is my course of action, i.e - H1 extension/ EAD / GC .
 
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Hmm

USCIS/INS/BCIS wouldn't know lot of things right away, but if you happened to be the person who is relatively less blessed you might find yourself in a situation that you need to proof your eligibility of employment.

It is your and especially employer's responsibility that you keep your I-9 udated. I-9 is the form that employeer keeps where it mentions your current legal eligibility of employment.

Therefore, when you are on H-1, your I-9 should reflect that. When it expires and you are working on EAD, your I-9 should reflect that too.

USCIS can audit any employer and review this I-9 and make sure that employee in this company are legally authorized to work.

Does USCIS do that? Yes they do. Remember Wall Mart. It is highly unlikely that they will come and audit your company, but there is a chance.

"Chance" is the word we are talking about here.

You shouldn't be suprised if all on a sudden you get a RFE what states

"Show the means/legal eligibility of your employment between xx/xx/xx to xx/xx/xx (27 days)". I am not scaring you, but there is a "chance".

How they would know that? Very easy, when they will approve your pending EAD, they are obliged to see you previous status which could be EAD and H1B. They will very well notice that there is a gap. However, this gap might not bother any officer in future. It it doesn't, you are safe.

Time has been changed. I never thought a incident officer would be curious about until I see RFE is about
" Show documents where you been from this date to this date"
" Your bigraphic info page in I-485 application does not indicate where you were employed from this date to this date, show us the proof"

I paraphrased those statements above.

You will find lot of people who is working without work authorization or worked without work authorization and also got their green card approved without any question or RFE asked. However, you will find a case may be one out of millions that got caught...........................
 
Voluntary work

sertra2002,

On H4, you CANNOT do even voluntary work... yes, not even at a local red cross or public library or day care center! Because if you do voluntary work, you are still defeating the purpose by replacing a US citizen/green card worker. Getting paid or not is a non-issue, bottom line is - you cannot work.

SK...
 
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