Question on EAD renewal

[Wo ayeegi]

First of all I wanna thank you guys giving helpfull information on my previous thread.


My H1 expired on Dec'2002 and my EAD is going to expire on May 20 '2003.
now my concern is what will happen if I dont get my EAD approval before may 20'2003 am I ok to work??

your Inputs greately appricaiated

 

[magc1201]

From our corporate lawyer

I am on the same boat. The attorney of my company said as long as you applied a reasonable time before hand, you are OK. INS will not treat that as illegal working.

magc1201

 

[mavishka]

Wo ayeegi:

EAD's are renewed back-to-back. In all probability your employer might not even realize that your previous EAD has expired. As long as you get your renewed EAD even after 5/20/03, you should be fine since it'll be valid from 5/21/03 through 5/20/04. In my case, I had received my renewed EAD before my previous one expired. I completed a new I-9 and made copies of the new EAD for submission to my employer, but inspite of my reminding them they finally took the new I-9 and EAD copy after about 10 days. That's why I say that you should be fine.

 

[mogli]

If 90 days has elapsed since applying for EAD renewal, you can go to the local BCIS office and get an interim EAD.

But legally, you are not supposed to work if dont have EAD. It's not the question of Employer noticing or not. You may want to go on vacation for that period or openly talk to your employer.

Read the following:

Sec. 274a.14 Termination of employment authorization.
(a) Automatic termination of employment authorization.

(1) Employment authorization granted under Sec. 274a.12(c) of this chapter shall automatically terminate upon the occurrence of one of the following events:
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(i) The expiration date specified by the Service on the employment authorization document is reached;
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(ii) Exclusion or deportation proceedings are instituted (however, this shall not preclude the authorization of employment pursuant to Sec. 274a.12(c) of this part where appropriate); or

(iii) The alien is granted voluntary departure.

(2) Termination of employment authorization pursuant to this paragraph does not require the service of a notice of intent to revoke; employment authorization terminates upon the occurrence of any event enumerated in paragraph (a)(1) of this section. However, automatic revocation under this section does not preclude reapplication for employment authorization under Sec. 274a.12(c) of this part.

 

[Wo ayeegi]

Thank you very much for your Input,
magc1201 my attorney said same thing ...

I was in same Impression that I should be Ok if I apply before may 20, 2003 ...but www.immihelp.com made me distressed, it says something diffrent ...

"""If the non-immigrant visa status is expiring after filing adjustment of status application and before receiving EAD, the person can still work but the employer may be fined by allowing unauthorized person to work.

If you are planning to work using EAD, you need the actual EAD card before you can start working on it. Mere approval message on the phone system is not enough."""""

I dont know this applies to only Fresh EADs or even for renewals ..