URGENT !!!! EAD Expired need Help***

P

pete

New Member
Hi Everyone,

My EAD expired on 3/20/2003. I have not renewed it yet due to oversight. My lawyer tells me that I need to file for renewal ASAP. He also says that I will have to take a leave of absense from work TILL I GET THE EAD.
He also says that it takes approx. 60 days to get the EAD in hand.
I have a few questions and would really appreciate any help on this ;

1. Do I really have to take leave of absense till I get the new EAD ?
2. Can I personally go to the local INS office and get the EAD on the same day or in a few days ?
3. How long does an EAD renewal take ?
4. What are the documents required to file for the renewal ?

Need your expert opinion ASAP.........

Hopefully,
Pete
 
I don't believe this. EAD expired almost 45 days ago and you realized just now? Anyway, here is the info.

1. Do I really have to take leave of absense till I get the new EAD ?

I am assuming you are working on EAD and do not have current H1.

It is illegal to work without EAD. Yes, you need take leave of absence till you get the new EAD.(If your H1 is still active and you are still working for the sponsoring employer only, Contact your lawyer with your H1 info).

2. Can I personally go to the local INS office and get the EAD on the same day or in a few days ?

I don't think so. Most of the postings in this forum suggest that, the local INS offices are rejecting to renew EADs, unless they are pending with service enters for more than 90 days. You may have to apply to the service center, where your AOS application is pending.

3. How long does an EAD renewal take ?

Normally it takes between 60-90 days. There are cases where it came within a month and also took more than 3 months.

4. What are the documents required to file for the renewal ?

Photo Copy of your Old EAD (front and back)
top portion of the covering letter you received along with old EAD (recommended by BCIS for faster processing)
I-485 receipt notice
2 adit style photographs
EAD application - from I-765
Check or money order for $120

I am not sure about the additional documents, if any required, because your EAD is already expired.

I suggest you make some arrangements with your employer, not to make any pay to you for the work you have done after the EAD expiry date. This might create some problems for you in future.

Bob
 
Thanks a lot Bob,

My H1 has also expired.

Is there a chance of my employer taking me off the payroll altogether ?

Is is it legally for my employer to have me on leave of absence even when I am not authorise to work ?

Thanks in advance,
pete
 
Hi pete,

I am in a similar situation. Some one in this forum offered me a suggestion. If you have good relations with your employer, ask them to take you off the pay roll until you get your EAD. You can continue working for them, (working for free) and then ask your employer to give the lost salary as a bonus once you get your new EAD.

Of course this will work only if you have good relations with your employer.
 
I also had similar situation. I applied for EAD renewal one month before and I didnt got it until my current one expired. I had to stay out of work for a week. Since your EAD already expired and your employer didnt noticed I would suggest you continue working. Anyway you worked illegally for 45 days and it doesnt matter even if you work for one moer month. It usually takes 40 days from the date of apply. But it also varies case by case. Please dont take my words its just my thought as an input. Take your own decision. Goodluck. Yeah it sucks.

BTW you will not get EAD renewed at local office. They stopped issuing long back.
 
Hi,

As per my understanding, not all local offices have stopped issuing EAD renewal. For example, Cleveland, Oh has stopped same day EAD renewals, but need to send the application in and they will send you an appointment date roughly after a month and on that date you will get your EAD renewed. We have done this in December 2002 and Jan 2003.

So browse on the INS site to see the local office procedures or try to call up your local office. Compared to applying at the service center, this might work faster for you.

Good Luck.
 
Guys,

Thanks a lot for all the information. I did speak to my employers about my problem, but they haven't come back with any feedback/reaction as yet.
So I am going to keep quite about it and file for the renewal. I guess thats the best course of action for me roght now.

Thanks,
Pete
 
depends where you are

BOSTON is still issuing same day EAD, my freind got it few months ago. check with your local INS before you file at VSC, but do it soon.
 
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