Please help! Working without EAD card.

P

pd485

Registered Users (C)
I got my EAD renewal application approved on Aug 30th, 2003. And our company lawyer received the approval notice. But till date I haven't received the card. Our company lawyer says that I can still work for the company since we have approval notice. Is it TRUE? Can we work without EAD card, by just having approval notice of EAD application?

I-485
WAC-02-120-XXXXX

I-765 renewal details
LIN-03-157-5xxxx
RD April 15th
transferred to CSC from NSC on June 26th
RFE issued on July 29th
Aprroved on Aug 30h
 
What do you mean by "approval notice"? I've never heard about approval notice for EAD. Every time I have received actuall EAD card attached to I-797D form, but no any other documents.
 
working without EAD

You can work without EAD so long as you have the receipt (I-797 form) with you for your EAD application. Most organizations allow that if you are already working for them.

some_guy.
 
Re: working without EAD

some_guy, We discussed the problem at least one million times here. One cannot work without actual EAD card.

THE I-9 PROCESS IN A NUTSHELL

"An EAD (Form I-688B or I-766) is generally valid as evidence of work authorization for one year. The EAD may be renewed by the submission of a new application to the Bureau of Citizenship and Immigration Services. Accordingly, a receipt acknowledging such an application is unacceptable"
 
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Re: Re: working without EAD

Originally posted by Tasse
some_guy, We discussed the problem at least one million times here. One cannot work without actual EAD card.
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Just wanted to reiterate what Tasse said, you CANNOT work without the actual EAD CARD in hand! The EAD does not work like the H1 where just filing for renewal indicates the right to work. Hence the lines for iEAD's etc.

Though it has been mentioned that if you are working for the same company and you file for renewal of EAD you can continue working on that basis. I would tend to discount it as being a very liberal interpretation of the law!
 
Originally posted by Tasse
What do you mean by "approval notice"? I've never heard about approval notice for EAD. Every time I have received actuall EAD card attached to I-797D form, but no any other documents.
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Tasse,
Once EAD approved, they sent approval notice first and then
only they sent the EAD card.It happened in my case.I do not know
this is a new procedure or not.My EAD approval date is 06/18/03.
I got approval notice for EAD first and after 2 weeks they sent EAD card (but card returned by post office mistakenly).I keep calling BCIS for the last 2 months to resend my EAD card.So far i haven't received.I have iEAD which is valid for 8 months.Keep trying to get my actual EAD card.
 
I think Tasse is correct - my lawyer did say something similer when I applied for my EAD - and timed it in such a way so that I could get my iEAD before my current EAD expired. I believe you need the EAD card or iEAD card in hand and need to fill up a new I-9 as well.

Just my 2 cents - I could be way out of whack as well.
 
Originally posted by bendon
Tasse, Once EAD approved, they sent approval notice first and then only they sent the EAD card.It happened in my case.I do not know this is a new procedure or not.My EAD approval date is 06/18/03.
I got approval notice for EAD first and after 2 weeks they sent EAD card (but card returned by post office mistakenly).
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It's strange. I got approval for second EAD at the same time, but I received only EAD card.
 
They send an approval notice (goes to lawyer, if you have one) these days. My lawyer got one. It is different from the receipt notice of the application.

So there exists an alternative to the actual card now.
They started doing this a few months back.
 
approval notice

Tasse,
BCIS did send approval notice firstly and then mailed a card to me. My first EAD didn't get approval notice, but renewal one got it. But the others of my friends have never received notice actually. I think it is normal for receiving approval notice.
 
response

Tasse, 140_takes_4ever,

If you read my email, I have specifically mentioned that if a person is working for an organization; then he may be allowed to continue working with the receipt.

The law has many interpretations but I know this for a fact since I was in the same situation and the HR did not have any issues, what so ever.

some_guy
 
Tasse here is quot from I-9 form


Section 2 - Employer. For the purpose of completing this
For more detailed information, you may refer to the INS
Handbook for Employers, (Form M-274). You may obtain
the handbook at your local INS office.
Employers must complete Section 2 by examining evidence of
identity and employment eligibility within three (3) business
days of the date employment begins. If employees are
authorized to work, but are unable to present the required
document(s) within three business days, they must present a
receipt for the application of the document(s) within three
business days and the actual document(s) within ninety (90)
days. However, if employers hire individuals for a duration of
less than three business days, Section 2 must be
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If he can provide actual document within 90 days he can work.
 
The rules regarding using receipts for employment authorization has changed recently. Please see:


RECEIPT RULE: Employees who do not possess the required documentation when employment begins may not submit receipts showing that they have applied for initial applications for documents or for applications for extension of documents. An employer may only accept receipts for:

A replacement document in lieu of the required document if a document was lost, stolen, or damaged. The replacement document must be presented within 90 days of the hire or, in the case or reverification; the date employment authorization expires.
Click to expand...


The link is:
http://www.immigration.gov/graphics/services/employerinfo/EIB102rdln.pdf
 
There is a legal loophole in this, despite the common example of EAD renewal that BCIS has given:

Common example: An EAD (Form I-688B or I-766) is generally valid as evidence of work authorization for one year. The EAD may be renewed by the submission of a new application to the Bureau of Citizenship and Immigration Services. Accordingly, a receipt acknowledging such an application is unacceptable.

However, they also state that:
RECEIPT RULE: Employees who do not possess the required documentation when employment begins may not submit receipts showing that they have applied for initial applications for documents or for applications for extension of documents.

Thus it may be successfully argued that in the case of continuation of employment requiring an EAD extension (where the employment does not, in fact, begin) a receipt should be acceptable as it is not specifically excluded.
 
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