Receipt of filing for renewal of EAD is sufficient, per my attorney

L

longGC

Registered Users (C)
My attorney says that as long as you have a proof that you have filed for renewal of EAD ( a receipt from BCIS) before the expiry of valid current EAD then you are fine eventhough the current EAD expires and new EAD card is approved after the expiration of current EAD.

Is this true?
Has anyone heard anything similar to this?
 
not true

You need to have valid EAD card with you for working. It has been discussed in detail on the portal. Just search for keywords.
 
Re: Please Advise

I have read a lot about it and most of the folks have said a big "NO" to what longGC has just mentioned however if you look it at this way when you file for renewal of your EAD and when the approval comes thru it is from the date of the expiration of the previous one without causing any break and in that case longGC could be right.

Let's look at it this way

EAD: Expires 4/30/04
Apply for renewal on 1/30/04

EAD Approved on 5/20/04

EAD Date valid: 5/1/04 - 4/30/05

So advise where id the break - ie if VSC approves the way i have mentioned above all should be Ok and one could continue to work..

Gurus please advise if am thinking rightly.
 
with or without I140 approved

dude27...your logic works if I140 has already been approved and USCIS works logically.

If an RFE is issued for I140 it might mess up the date scheme.

Also USCIS doesn't approve in time or lost the file. it has happened for few people.

there is some risk involved, so if possible why not avoid it.
 
Your attorney is wrong. There was a long thread on this topic couple of days ago with links to the INS publication which said receipts can't be used unless it is for a lost/stolen EAD card, search for that thread. In your case since the receipt is for a renewal card, you can't use the receipt.
 
Thanks

Thanks for clarification. I would be on safe side. I know that there are many attorneys who may not know this.
 
Don't take risk ...

longGC,

Don't take risk ...

take the second opinion from some other attorney as well...

I had my EAD expiring today ( I already got IEAD) I talked with total three attorney about this... All of them were saying that you cannot work... whether you get paid or not, it does not metters.... because as per one of the attorney, even if you are working without getting paid can be considered as benifits towards future employment ( because it help to save your job)...
 
Also, don't assume that the date of the renewal EAD will start when the previous one expired. I just received my renewal early in the year, and the effective date of it was not the day after the expiration of the previous one. (It was 10 days later). It seems to be a very random thing. (as most things are when it comes to immigration).

Regards

Rav
 
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