Please Help! my EAD is expiring ...afraid would not get 2nd EAD in time....

S

shanks

Registered Users (C)
Guys,
Here are my details.
EB2,India PD 08/96. ND 03/00. 6 Year H1 expired currently in EAD
1st Parole expired Apr 5, 2001
1st EAD is valid 06/02/2000 - 06/01/2001

Have applied for 2nd EAD and 2nd Parole for myself and my wife last Friday (sent all the docs to the company attorney) I am hearing that it is taking anywhere from 30 days to 90 days to get EAD. That means I will be receiving only after 06/01/2001

(1) I live in New Jersey. Can I go to Newark taking the receipt notice for EAD from Vermont (if I get one) and get EAD issued?

If NO,
(a) What would be my status after Jun 1? Since I am not authorized to work, will my parent sponsoring company have to remove me from their employment legally? or I can be their employee --but not receive salary or I should go on loss of pay kind of deal...will this complicate things?

(b) Since VSC is processing only 11/99 for India, I don\'t have any hope that I will be getting the I-485 approval before 06/01/01? Even the 180day rule would not help me as even if I switch employer, I would not
be able to work..

What are my options--have anybody been in this kind of situation....

Thanks
Shanks
 
No Title

well, usually EAD renewals can be applied at local INS offices and you get it the same day. I am not sure about AP renewals at Local offices. If you sent it to INS VSC then you may be talking delays from 60-90 days. However, on a positive note, I applied for EAD/AP renewal at VSC on 02/22 and my AP was approved on 03/06 and I was issued EAD on 04/06. Just as an FYI, EAD expiry is only a concern when your underlying H1 has expired. I also beleive you can still apply for EAD at local office even though there may be a pending EAD application at VSC.

Hope this helps
Bhanu
 
No Title

hsanks,

What bhanu saying is right. Even for me My ND for 2nd EAD was 2/4 and approved on 3/6, exactly a month(Feb had only 28 days)

FYI VSC is currently processing 3/12 RD according to 4/9 release dates.

Since you applied on 4/6, your RD date would be before 4/13 and you should approved by 5/20. Hopefully even your i-485 approval.

AllI suggest is wait till third week of May, and if you don\'t get it by then call IIO for the status and if she says it will take too long, you can go to the local office in newark, and you should not be having any problems. One of my friend did the same thing last year, walked in and got the EAD on the same day.

Good Luck
 
No Title

Thanks Bhanu and VSC_Waiter99 very much for the positive note

I hope the company attorney sends the papers to VSC and I get the EAD. Otherwise, per your advise I will go to Newark on third week of May and apply and get it...

Thanks
Shanks
 
No Title

Shanks,

Now VSC is also processing EAD very fast. My case ND 3/15 AD 4/7/01. It is really fast now. My 1st EAD validity dates are also similar to yours. Hope this helps.
 
No Title

I had one question, CAN you work after applying for EAD renewal, and 1st EAD as expired.
my situation is, I applied on ND jan22th, for EAD, got request for Photo graphs , sent them back and status say they received on 23 march, but still not approved,

My current one is going to expire on 26th April. Can I continue to work, Lawyer say yes, but INS agent says no ?
Any Exp on the same would be of great help
 
No Title

Just called the attorney to discuss my case///
thought of sharing this
He informs
1)
If I don\'t receive the 2nd EAD before the 1st EAD expires you cannot be in Pay-roll. (Note: this is for me since my 6 year H1 has long been expired). He suggested that I can talk to he employer to work out some deals

2)Regarding applying to Newark--He said we have to apply to VSC and once we get the receipt notice, take them to Newark center and "plead"
It is the IIO\'s prerogative to issue 2nd EAD. They can still say, it is not 90 days yet and so, ask us to wait for that OR they can be nice and issue 2nd EAD then and there.

3)Even though you may not be in pay-roll (ie if you don\'t get the 2nd EAD on time) it does not affect the I-485 as the status we are is "Adjustment of Status"

Hope this helps you
 
No Title

You can work with even though your EAD has expired but you should have applied for EAD renewal. This is from my lawyer. Some company does not allow you to work with expired EAD but most of them does. My wife EAD expired before she could get the 2nd one...we are still waiting for it, got RFE for photos...My wife is still working because her company does not mind. We also talked to IIO regarding it, she said it was ok....

arms.
 
No Title

Thanks, I just wanted to confirm, because I was getting conflicting answers, I hope I get mine\'s before April 26th.
ND 01/22/01.

Thanks
Any way
 
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