Status after EAD expires & I485 pending????

J

July2003filer

Registered Users (C)
My friend is India & returning next week with his family. He filed 485 using approved labor & got his EAD/AP last year.

Unfortunately when he left to india for vacation of 2 months, he forgot to file for renewal of EAD/AP. His EAD is expiring next month. He has almost 30 days before his EAD expires. on average it takes about 45 days to approve EAD.

what will be his status if his EAd expires & renewal won't get approved by that time? will he be out of status? or he just cannot work till his EAD gets approved?

Thanks
 
July2003filer said:
what will be his status if his EAd expires & renewal won't get approved by that time? will he be out of status? or he just cannot work till his EAD gets approved?
Click to expand...

EAD has nothing to do with status -- it only gives one permit to work.

So he will mentain his status during the AOS phase --- against the pending 485. He will not be able to work -- if his EAD approval gets delayed. He can apply online for EAD renewal from India n do the biometrics as soon as he lands here.


Good luck
 
he is landing here on next monday & even if he applies on same day then still he will just have 30 days. So if he sits at home after his ead expires then status will be fine right?

thanks
 
Hi,

I'm in a similar situation where my wifes ead expires in 30 days and it will be 60 days since receipt date for EAD extension. My attorneys suggestion is ( cut and paste from the email he sent me)

"Technically, she is supposed to step down from employment until she receives the new EAD. However, CIS will forgive up to 180 days of out of status or unauthorized employment in this type of case. "

Good luck!
 
In my opinion if his EAD is pending approval he is very much safe as it is the case of extension only and his new EAD will be effective from back date, that is, one day after expiry of the previous EAD. Technically he will not be without employment authorization at all, only thing is that he will not have proof of authorization for the time he does not receive his renewed EAD.

Thanks
 
thukralrk said:
In my opinion if his EAD is pending approval he is very much safe as it is the case of extension only and his new EAD will be effective from back date, that is, one day after expiry of the previous EAD. Technically he will not be without employment authorization at all, only thing is that he will not have proof of authorization for the time he does not receive his renewed EAD.

Thanks
Click to expand...

I don't think it is TRUE... EAD is valid from the date of approval regardless of when you apply..

Ex.. Mar 1st 2006 your EAD will be expiring. If you apply EAD on 6/1/2006, say the officer is approving EAD on 2/15/2006 then the EAD is valid from 2/15/2006 to 2/14/2006...

my 2 cents
 
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