Pl reply ASAP

S

sysshk

New Member
EAD expiring on May 4, 2006
E-Filed renewal on March 15, 2006

7th year HIB expired on Feb 9, 2006

I understand USCIS is currently processing cases from around Jan 8, 2006. So in essence I expect to get the card in two months time. Also, can’t get Interim EAD due to lack of 90 days mandatory lapse from Filing date.

Question to you:
Can I file for “Nunc Pro Tunc” category for H1B and at least continue working beyond my current EAD expiry?
 
sysshk said:
Can I file for “Nunc Pro Tunc” category for H1B and at least continue working beyond my current EAD expiry?
Click to expand...

You can try, but that won't automatically restore your status. If you're employment-based, then 245k will cover short periods of unauthorized work.
 
I have seen some posts in the same portal that, You can work, if the EAD renewal application is with USCIS.Need not neccessarily have to receive the approval. You still can continue working. People mentioned that they went for interim EAD and the officer mentioned so.

But not sure and I myself have a doubt on it. As this is in contrast to what I was thinking. You can search the forum for moredetails.
 
What is this "Nunc Pro Tunc" ?
I never heard of this funny name...Can you pls give the details of it?
 
gcnation11 said:
You can work, if the EAD renewal application is with USCIS.Need not neccessarily have to receive the approval. You still can continue working. People mentioned that they went for interim EAD and the officer mentioned so.
Click to expand...

The officer was wrong, and if you rely on the argument that "some USCIS officer said X" that and $1.50 will get you a cup of coffee. You are allowed to work with a timely filed extension of an alien worker petition; but since the EAD is not a non-immigrant status it does not qualify.

Again, this is a tailor-made 245k situation.
 
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