Talk with IIO - comments

K

KennyGH

Registered Users (C)
An IIO told me that I can continue to work with my expired EAD as long as I have filed for a renewal. She said the issue was that many companies do not allow people to work; but INS will not penalize a company because of their delay in adjudicating. My employer would be perfectly fine with me continuing (I'm a teacher). My EAD was filed just over 90 days before it expires (April 11th). She said I would not be out of status if I worked in this situation.
Any comments or issues with this info?

She was also nice enough to give me the officer # and his fax # and told me to fax him 3 months before my FP expires, so they won't have to be redone (hopefully).

She also was able to look up my receipt number for my EAD renewal, which I haven't received yet. It seems that their computer systems are better now any way.
 
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I think I am giving you the right info

Hi, I do believe that an EAD is only necessary for work outside of the company, through which you are filing for the green card, especially in employment based cases. In cases of lay offs it is a convenient means to scramble for a new job without the pain of a new labour cert and H-1. HENCE IT IS A MOOT POINT IF YOUR EAD EXPIRES OR NOT IF YOUR 485 IS PENDING AND YOUR FILING COMPANY DID NOT FIRE YOU.
 
Kenny,

My understanding was that Canadians do not require H1 / H4 / EAD. Only I-94 was required. Just curious.
 
We definitely need one of those. The biggest difference is that certain professions can apply for a TN visa, which you get at the border once you have an employment offer. It is limited to the professions listed in the NAFTA agreement. It is a one year renewable. We also don't require an actual visa, but we do need H1 H4 or EAD as well as I94.
 
Thanks for the response. What about SS tax Can one transfer SS benefits under NAFTA agreement ? Reason for asking. If after say 7 years of work in US a person migrates to canada (or vice versa) he has not completed 40 Q for SS benefits. Can these contributions be transferred under NAFTA or are they lost.
 
No SS can't be transferred. If we stay in the US, we will receive SS benefits and Canada Pension Plan benefits when we retire. The CPP would be small, as we worked for about 12 years there prior to moving
 
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