Question on expiring EAD

[GC_Niravana]

my wife's EAD is expiring on 01/10/09 , we E-filed for EAD on 12/22/08 , we received receipt notice and Finger Print notice .

Finger printing is schduled on 01/13/09 .

Question : can she continue to work based on receipt notice or should wait till her EAD is approved

Thanks

GCN

 

[dms1]

my wife's EAD is expiring on 01/10/09 , we E-filed for EAD on 12/22/08 , we received receipt notice and Finger Print notice .

Finger printing is schduled on 01/13/09 .

Question : can she continue to work based on receipt notice or should wait till her EAD is approved

Thanks

GCN

She would be working without authorization during the period between the expiry data of the current EAD and approval of the replacement, but section 245(k) of the immigration act provides for up to 180 days aggregate total (*) of such employment without risk or penalty.

However, the employer is breaking the law if they continue to actively employ your wife without sight of her renewed EAD. Some larger employers take this very seriously and would likely insist your wife took leave of absence until she has the new EAD in-hand.

(*) The rule is 180 days total between your last non-immigrant entry to the US (typically, the last entry prior to filing the I-485), and the date of the I-485 approval.

 

[mmed]

Question : can she continue to work based on receipt notice or should wait till her EAD is approved

Thanks

GCN

No, it is an immigration violation to work with expired EAD even with receipt of renewal. She should take unpaied vacation till the day of approval of the renewal.

 

[GC_Niravana]

EAD Approved

Thanks for your Input .

Fortunately today we got the Card Production Ordered email.

E-Filed on 12/20/08 (TSC) , Sent Photos / copy of current EAD on 12/22/08

EAD Notice Date : 12/22/09
EAD approved Date : 01/09/09


Thanks

GCN -
EB3 - PD 09/02 - India

 

[jiballe]

You're so lucky

Did you mention those immigration guys that you needed this approval on time to go on working ?