Options available with expiring EAD

M

my_gc_pain

Registered Users (C)
hello,

My current EAD expires on DEC 9. Applied for the new EAD on Sept 6th at VSC. Did not hear anything back from them so far..I am little worried now. What are the options I have to get a timely approval.

1) I read on this forum that we can send a expediate fax to VSC, if so do we need to fall in any time line? like 90 days after the receipt date or after passing the processing time posted in VSC?

2) Can I work with expired EAD for limited time? I am a derivative applicat on Employment based GC.

Your comments will be appreciated...and it will help me to seek a solution to this.

Thanks
 
i am not sure.....but you are not supposed to work with a expired EAD.....you can try to get interim relief if they provide it..

i would take leave........and will try to take care of work without any paper work or trail involved....(no emails would be a good idea too)...

but on the positive side...i think you will get your EAD by DEC 9th.....
 
Don't worry you may continue to work if you have already applied for EAD renewal. The I-9 form clearly says that if one cannot provide the work authorization, he/she can show the proof of application (receipt) within 3 days and produce the actual work authorization within next 90 days.

my_gc_pain said:
Thanks techy..

If any body knows more details about the EAD expediate request please share
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The matter you took from the I-9 sounds like relief...

I haven't looked into my I-9 but even if it is true when it comes to some RFE pertaining to employment history we could be in a trouble ! Anyone please comment. May be UN know a thing or 2 on this subject.
 
Thanks guys, that looks like a good option..is there anybody who utilised this option?? please share the experience
 
First I am sure you will get the EAD as there is still lot of time left, its not even November yet.

For your piece of mind you can apply for interim EAD if you have not received the EAD after 90 days of applying, which is Dec 6 in your case. Take an infopass appt. for Dec 7th for interim EAD at your local USCIS office. If the EAD is approved before that, all you need to do is cancel the appt. If the EAD is not received before that (slim chance), go for the appt. and get the interim EAD. This should put your mind to rest.

On a side note, never work if the EAD expires. You never know when the time comes to adjudicate your Green Card, USCIS may raise this as an issue. You better be safe and do not work unles you have work authorization, in order to avoid potential issues later on.
 
For you information the local offices do nt issue interim EAD anymore.You have to get in touch with the service center itself.But nowadays heard that they issue the EAD within 90 days itself, unless u get any RFE,so best of luck
 
sertra2002 said:
On a side note, never work if the EAD expires. You never know when the time comes to adjudicate your Green Card, USCIS may raise this as an issue. You better be safe and do not work unles you have work authorization, in order to avoid potential issues later on.
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If it's an employment-based, 245k allows up to 180 days of unauthorized employment without penalty. This means that USCIS is legally forbidden to deny your I-485 based on illegal employment of >180 days. They might as well try to deny your case because you're left-handed or were born on a Tuesday.
 
DSLstart said:
Don't worry you may continue to work if you have already applied for EAD renewal. The I-9 form clearly says that if one cannot provide the work authorization, he/she can show the proof of application (receipt) within 3 days and produce the actual work authorization within next 90 days.
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I'm sorry, but the I-9 form doesn't say that when re-verifying. Look at my post in this thread: http://boards.immigrationportal.com/showthread.php?t=225043
 
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