Spoke to IIO after long time (9 months later).

D

dec11thRD

Registered Users (C)
I spoke with her on two things

1. EAD renual:

My EAD is expired on Jan01, 2003. Applied for renual on RD:11/22, ND: 11/29.
My case is with an officer. I asked her about work after expiration. She said technically it's fine to continue working... it's not a problem. Also i will be in status for the cases filed under C9. C9- it self is a H1B class... basically meant for work authorised people...

2. I485 process: 91000 applications are pending. Now they are processing Oct 2001 cases. She told me that my case may take approximately 3 months from now... it was filed on Dec10,2001.

So what else guys ..... relax...Not to worry. Don't get panic even if it is expired....
 
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Um... I'm not so sure that this is OK actually. "In principal" normally means that she is expressing her own opinion. I'm not sure I quite grasp the meaning of "I-485 (c)(9) is in itself a H1-B" class. Not only H1-B holders are eligible for I-485 under (c)(9) - consider their spouses for instance... at least this is my understanding.
I could be wrong, of course, but this is the first time that I've heard that EAD is a simple formality for (c)(9) cases... I would be careful if I were you and consulted a lawyer. Moreover, your employer will need to update your I-9 once your current EAD expires... what would they put in there?
On the other hand, under 245(k), I-485 gives you pardon for unauthorized employement for up to 6 months ( I think ), but this is only after it gets approved...and you probably won't want that on your record I would imagine.
I'd very much love to be wrong here... but I don't think I am. :( You might want to talk to a lawyer about this - I wouldn't just take IIO's word.
Good luck.. and keep us posted
 
I am confused. I think if your EAD has expired, and you donot have GC or renewed EAD, you gotta quit working .. right?
 
Guys- I am working on expired EAD and my company is not bothered at all and so is the lawyer even after notifying them.

EAD ND 11/13/02
 
GCApplcnt is right in his statement.
One very important thing:
I-485 IS FILED BY YOU AND IT IS YOUR RESPONSIBILITY TO ENSURE THAT EVERYTHING IS FINE AND YOU MAINTAIN CONTINUITY OF EMPLOYMENT STATUS.
LC and I-140 are filed by your employer on your behalf while the last step is for you to take care of so do make sure you have valid (renewed) EAD.
Another thing is that your lawyer and employer will not be too interested in renewal of EAD as they know that this is the last stage of your GC and sooner or later you may leave them (most of u will agree with me on this).
The info. I got from INS information line was that a person cannot start/continue working unless and until the person has a valid EAD. So you better check it up and whenever you talk to someone in INS always keep a record of name, date and time of the person you talk to.
Infact, I use my cell phone that way I have a record in my monthly statement that I talked to INS.
It is better to be safe then sorry later.

All the Best
 
Filed by you: Correct to the extent that mostly you pay for it, but the lawyer who files it for you has the obligation to give you legal advice, the company can't let you work knowing that it is illegal for you to work.

Cannot work unless you have a EAD: I think INS must me refering to getting the EAD for the forst time, not renewal.
 
In this case, no question of new EAD or renewal of EAD.

During I-485 stage, if you are on H1, no need to apply for EAD.
 
The Technical solution is ...

Your EAD contains Application Number, EAC number, from date and to date.

In I765, RD, ND with pending status... means decision is not made yet. But you will be under consideration until your application is approved ....

So, if you have only EAD (With out I765) ... Then you are not authorized to work.
if you have EAD With I765 ... Then you are authorized to work.

This is what my understanding.
 
dec11thRD, what INS officer said is correct technically.

When you renew your EAD card, your new EAD card start date will be the next date of your old EAD card expired date, no matter when you get approval, if you apply before the expired date, unless ins intends to give your trouble but no one got such trouble yet.
 
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