Quick EAD Renewal Question

I

ice9

Registered Users (C)
My EAD is expiring on Dec 15th 2004...How many grace days/months do I get before I can renew it?
I intend to renew in January 2005 2nd week! Will it be late for renewal ?


please advice
 
You should've filed for a renewal 3 months ago since it will take about that long to get an approval.

If you are not working on EAD, then you can file whenever; otherwise, you should stop working when your current EAD expires to avoid any problems with I485 process.
 
You should file ASAP and you can not work without an EAD. So after Dec 15th you can not work until new EAD is issued. If after 90 days your EAD still has not been approved you can get an interim EAD.
Do you have any other status besides being an adjustment of status applicant?? Like an H-1B etc. And have you actually used your expiring EAD to work??
 
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HI,
I am also in the same boat.

My wife's EAD expires on Dec15, I have applied EAD for both myself and my wife EAD on November 16. (At the time she wasn't working). Now she started working. Can she work after December 15? Her employer agree with showing her renewal application notice.

Does she will have real problem in I-485?

Thanks much
 
No she can not work once EAD expires even with the renewal notice. SHe can not work until EAD is approved.
 
If the USCIS finds out, the employer can be fined and have a lot of "heat" put on them by the government. Additionally, your wife can get into trouble as well.

I've been through this with my employer.

Regards and best of luck.

Rav
 
bobby,

Like others said, please do not have her work while her EAD is expired. It does not matter whether you have a renewal notice or not. She could get into a lot of trouble with her 485.

If she must work (must being dire circumstances), have her work without pay till she gets her EAD card in hand. The employer can compensate her for without work pay later with a bonus or something.

- ab
 
Actually, she can't even work for "free". The definition of working has nothing to do with being paid to the USCIS. It is the act of doing something for which a person would normally be paid.

While chances are that the USCIS would never find out, a couple of possible ways they could are:

1. It comes to light when the IRS or USCIS is auditing the books of the company.
2. A disgruntled employee is aware of the situation and makes a phone call
to the USCIS to report it.

When it comes to something so important, I don't believe it's worth taking chances for any reason.

Regards

Rav
 
ravioli_21_99 said:
When it comes to something so important, I don't believe it's worth taking chances for any reason.
Click to expand...

I agree with your Rav that it is not worth taking the chance. Hence, the suggestion that she should not do it unless in dire circumstances.

And about working for "free" - she ABSOLUTELY can "volunteer" her time anywhere she feels like. If she is a "volunteer", there is no question of CIS dinging her or the employer as she is not a "worker"

Bottomline, you and I agree with others who have responded - the best option is for her to not work without EAD.

- ab
 
See above...if the position is one that a person would normally be paid to do, it is considered work. You are correct in that the USCIS won't arbitrarily just start digging into a company. But all it takes is someone who has a gripe with the company to call the USCIS and say "I know there's someone at the company working for free and taking jobs". Next thing you know, the USCIS has their hands in your shorts...(so to speak).

In todays job market with all the resentment against immigrants "stealing jobs" and jobs moving offshore, this is a very real possibility. I researched this heavily when my EAD expired before I received a new one. I ended up taking a two week unpaid leave while I waited. I could have "volunteered" to keep working (read, work illegally), but didn't want to run the risk of it coming back to bite me in the ass.

Perhaps I'm overcautious, but I'd rather err on the side of caution than have a one way ticket back to Canada.

Regards

Mike
 
Ravioli is right - either with H1/H4 or AOS (with EAD) any other work (not with the same employer, same description as in petition etc, etc.) PAID or UNPAID is illegal.
 
Thanks Guys,

Thank you so much, My wife was about to work on Dec16. We thought that she will work and she will not bill the client till she gets her EAD.

Now as you all said, its not worth to work.

Thanks
Bobby.
 
I have applied for my wife's EAD renewal on 09/02/2004. At first we forgot to call ins office for finger print. Finaly we call ins and complete her finger print on 12/05/2004. Her EAD will expire on 01/20/2005. How can she get an INTERIM EAD since it's over 90 days? :)
 
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