Need to determine EAD Status : Pls help.

[unclocked]

Hello,
My EAD expires at the end of Feb. I have already applied for an extension.
Since it will be less than 90 days after application, I won't qualify for interim EAD. What would my status then be, after expiry date?
Will I be allowed to work here, or will I even get to live here?
I was over at USCIS today, and the lady at counter told my status would be valid purely on the merit that the application was not denied yet. Is that correct?
I am trying to look for some definitive answer. Any help in that direction is much appriciated.

Thank you.

 

[TheRealCanadian]

What would my status then be, after expiry date?
Will I be allowed to work here, or will I even get to live here?

Employment would not be authorized, but if you are an EB case 245k would forgive this. Your EAD has absolutely nothing to do with your legal status in the US. My wife lived here for years with no EAD and no AP, just a pending I-485.

I was over at USCIS today, and the lady at counter told my status would be valid purely on the merit that the application was not denied yet. Is that correct?

Yes.

 

[unclocked]

Employment would not be authorized, but if you are an EB case 245k would forgive this.

THanks for the response.
What is EB case with 245k? And how do I find if I am on one? My application is under EB2 (if it helps).
TIA

 

[minn_labor]

THanks for the response.
What is EB case with 245k? And how do I find if I am on one? My application is under EB2 (if it helps).
TIA

What RealCanadian meant was that if your GC process is employment based than you might be eligible for 245K.

Question is would any employer allow you to work on an expired EAD and how do you process the 245K with your employer?

 

[unclocked]

Question is would any employer allow you to work on an expired EAD and how do you process the 245K with your employer?

Thanks for your response, but I guess I got even more confused. Why would my employer let me work when my EAD has expired? I have indicated to them, and they have to me too, that my employment with them would end once EAD has expired.
But what is 245k, and how can it help me in my situation?
TIA,

 

[minn_labor]

Thanks for your response, but I guess I got even more confused. Why would my employer let me work when my EAD has expired? I have indicated to them, and they have to me too, that my employment with them would end once EAD has expired.
But what is 245k, and how can it help me in my situation?
TIA,

My post was not meant to confuse you. I am sorry if it did.

My answer to your questions was "eb" meant employment based.

The rest of it was a question to RealCanadian.

I don't know about 245K or how it works.

I have the same concerns as you do. Why would an employer let anyone work with an expired EAD and how do you use the 245K. Maybe, RealCanadian will shed some more light on it as (s)he is the only person who knows about it.

 

[unclocked]

Thanks Minn. I didn't mean to offend you or anything.
Due to our HR, I have gotten into this bloody shit. Got to figure my way out soon.

From what I gather, 245k is defined as - "Section 245(k) of the Immigration
and Nationality Act allows those nonimmigrant, who either violated the
nonimmigrant status or engaged in unauthorized employment for a period of
less than 180 days since their "last admission" to the United States, to file
EB-485 application despite their violation of nonimmigrant status. This relief,
however, needs further analysis to understand eligibility of this benefit in each
individual case."
In short, it seems to be a way of continuing to work while out of work status,
but pleading of innocence at the end - but I am not sure.

 

[TheRealCanadian]

I have the same concerns as you do. Why would an employer let anyone work with an expired EAD and how do you use the 245K.

There's no formal way to "use" 245K. Generally speaking, the examiners should know about it and simply won't raise an objection if you have gaps in employment authorization or legal status > 180 days. If they do raise a flag and issue an NOID, then you mention 245K and point out the dates were less than 180 days.

Now the question that you raise is more problematic. If an employer refuses to keep you without authorization, you are stuck. Generally speaking, most employers are pretty bad on tracking authorization and USCIS almost never audits them, so the preferred method is to say nothing until you get the new EAD and if there was a gap... oops.

Most employers will happily turn a blind eye to the legalities of employment since there are few penalties and (hopefully) your value to them is such that they cannot afford to have you not working for a few weeks.