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Should I apply for EAD renew while waiting for interview?
- Thread starter xingfucun
- Start date
curiousGeorge
Registered Users (C)
I was in the same quandry. I filed the EAD extension, even though my eventual interview was approved.
If you have a valid H1B (and you haven't changed jobs) then wait, and see if you are approved at the interview.
If you no longer have a valid H1B (or if you've used AC21), then you'll need to file for your EAD extension before the interview, just in case you are not approved on the day of the interview for any reason. (ie name check pending, additional info needed) because to get an i-EAD at the local office your application must be pending for a minimum of 90 days.
If your interview does not go well, and you file your EAD application the same day (2/24/05) 90 days after that is 5/24/05, and you EAD expires on 4/18/05, you wouldn't be able to work for the period between 4/18/05-5/24/05.
Better not to take the risk. File your EAD application at a minimum before 1/18/05. (i.e. before the end of this week!)
If you have a valid H1B (and you haven't changed jobs) then wait, and see if you are approved at the interview.
If you no longer have a valid H1B (or if you've used AC21), then you'll need to file for your EAD extension before the interview, just in case you are not approved on the day of the interview for any reason. (ie name check pending, additional info needed) because to get an i-EAD at the local office your application must be pending for a minimum of 90 days.
If your interview does not go well, and you file your EAD application the same day (2/24/05) 90 days after that is 5/24/05, and you EAD expires on 4/18/05, you wouldn't be able to work for the period between 4/18/05-5/24/05.
Better not to take the risk. File your EAD application at a minimum before 1/18/05. (i.e. before the end of this week!)
xingfucun said:My case detail:
Interview Scheduled: 2/24/05
EAD expires: 4/18/05
Should I apply for EAD renew now or wait after the interview? Thanks.
----------------------------
RD: 1/2/03
RFE: 11/24/04
RFE received: 12/8/04
Transferred: 12/20/04
I will say there is NO need to file EAD.You can file your EAD just one day before.
You can work without EAD for 3-4 months.Only thing your application should reach the INS before this EAD expires.
If you want your EAD all the time with you then you file 90 days before it expires and if it will not get approve then you can go to local office and get temp EAD.
That is what my lawyer told me but you better check with yoru lawyer.
Thanks
Last edited by a moderator:
atlantabhopali
Registered Users (C)
panch said:You can work without EAD for 3-4 months.Only thing your application should reach the INS before this EAD expires.
Panch - THIS IS ABSOLUTELY INCORRECT. Your lawyer misinformed you. You CANNOT work even a single day without the physical EAD card in hand. Even if the EAD is approved, you have to wait till you get the card before you can start working. If you work without the card, CIS can count it as unlawful employment and your employer & you can be in serious trouble.
xing - While I wish you get approved soon, if I was in your position, I would SURELY apply for EAD renewal. There are many folks here whose interview got done fine long time ago but are still waiting for approval. Do not risk your career and job on CIS's ability to approve you quickly.
goodluck!
- ab