Question on EAD

O

OHLad

Registered Users (C)
Hello Folks,
My EAD expires in mid Dec 2002. I plan on using my EAD to work
for another employer based in USA. My new job would require
me to work overseas for atleast 3 months starting mid-Oct 02.
This means, my EAD would have expired by the time I return
to the US. My AP is valid till March 03. This being the case, I
have the following queries:

1. Do I need a valid EAD to reenter US ?

2. Can I work overseas for a US company, with my salary being
deposited directly to my bank in the US after my EAD has
expired while working overseas ? I am aware that I cannot
live and work in the US without a valid EAD.

3. If I were to apply for renewal of EAD, can I ask my lawyer to
mail the EAD overseas for me once my new EAD is issued ? Is
it legal to send EADs by mail overseas ?

I would be grateful if anyone can help me with the above
queries. Additionally, if you have any other thoughts or
suggestions to help me in this situation, I would welcome it.

Thank you. I wish you all the very best.

Regards,
OHLad
 
how 'bout 2 out of 3?

1. you do not need a valid EAD to enter the U.S... you DO need a valid AP if you are on AOS. however, in case a question does arise about your eligibility to work at the time of entry, then whipping out your EAD would certainly be helpful!

2. your working overseas will be subject to the employment laws of the relevant country. as such, having or not having an EAD will have no bearing on your overseas employment. your paycheck can be deposited anywhere in the world where you have a bank account; it will obviously be subject to any applicable tax laws etc. of the country where the money resides.

3. i am not too sure about this question... how 'bout 2 out of 3 :)

DISCLAIMER:
i am NOT a lawyer or legal expert by any stretch. the above is simply my take on the situation, gleaned from other postings on this or other websites. please get legal advice from a qualified lawyer. if your lawyer is ok with your working overseas, then you should be good to go!
 
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My take on 3

I see no harm in sending an EAD overseas. To my knowledge there's no clause that prohibits you from doing that, which is not the case for passports.

However, I am not sure if you could apply/renew for EAD when you are not present in the country. For example, when you apply for OPT (EAD for F1), your application is considered abandoned when you leave the country. But now if you have an AP, that rule might not apply....:confused:
 
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another thought on 3...

i think if you check the INS website, you will find that you can apply for EAD renewal up to six months before the expiry of your current EAD. in that case, you can apply for your EAD renewal right now, while you are still in the U.S.

if your new EAD comes before you leave, take it with you. if not, perhaps you can have it mailed to you.

also, if your EAD application remains pending for 90 days or more, you become eligible for a walk-in EAD at your local INS.

same disclaimer as before...:)
 
Thank you !

Hello Pork Chop and Frodo,
Thanks a million for your kind responses. Your responses have
been very informative and has put me at ease.
I wish you the very best and hope you get your GCs soon.
Thank you.


Regards,
OHLad
 
Hey Lad,

As for applying and getting EAD (Q3),

as far as I know, you lawyer does not receive EAD. You receive the EAD at the address provided to the INS. You will have to have someone take that from ur mailbox and mail it to u (or deliver it to ur lawyer who would manage in whatever way u instruct him/her).

PorkChop/Frodo/Experts, what does your experience say?

stillwaiting...
 
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Response to stillWaiting2

Hello stillWaiting2,
Thanks for your response.
Yes, I agree with you. I just did not include all the
steps that you stated to keep my query short !
The stress on my Q3 was more on the legal aspect
of mailing EADs overseas. As Frodo pointed out,
it is illegal to mail passports overseas.
On a side note, you may be aware that the US Postal
service will not forward mails from INS from old
address to new address. This is the case with W-2s too !
These nuances of the mail delivery system were the
reasons for me to post my query.
Thanks. I wish you good luck with your GC.

Regards,
OHLad
 
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