Urgent: EAD expired yesterday. Could not get interim today. What should i do?

E

Endless_Wait

Registered Users (C)
Hi Guys,
My EAD expired yesterday and I could not get interim today.
90 days will be on 14th-Nov.
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My boss does not want to give letter to state they will terminate if i don't have EAD.
I have told my boss that i'll stay home on vacation untill i get interim card. Is this legal?
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My HR/Legal are not yet aware of this.
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What options do i have.
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I765 RD=14-NOV-05
 
You cannot work. Take unpaid leave and get a letter from HR that you were not paid for the days you did not have work permission. This was my plan if I did not receove my EAD. it is important to have documentation that you did not work during this time. I nmy opinion just letter stating that is not enough. It needs to be backed by the fact that you were not paid thru salary slip for this month. I do not know if you lose your health insurance or you can continue with that. Talk to HR. They will not be happy but it is your life and your GC so take precautions.
 
Hi Endless Wait,

Is it already been 90 days since your renewal application RD?
If not, what did you do to get the iEAD?
 
Endless_Wait said:
Thanks Tangohi, for scaring me (in a good way). I went and took iEAD to be safe.
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Thanks RealCanadian.
Click to expand...

I think with your RD, it is 89th day today. How did they issue you iEAD before 90 days?
Pls share. Thanks.
 
My experience today

90 days are not yet over. I think 90 days will get over on 13th-Feb-06.
The problem was:
-- break in continuity in EAD for me,
-- not knowing exactly the legal options. are we allowed gaps. ( i yet need to understand 245...)
-- getting paid for the days or not. If not then do i need to get some specific documentation to substantiate that i did not get paid? It was difficult for me as i was already paid for the whole week. Reversing payments and involving my company's red tape HR and Legal deparrtment is a nightmare.

i had gone to USCIS early (7am) in the morning to get iEAD but the USCIS lady refused to give me one unless i get a letter from employer stating that they will terminate my employment unless i have EAD. I asked my boss and he said since they are not going to terminate my employment, he cannot give me one. We decided that we will take it easy and i take vacation. But we both not legal experts.

I came back home starting reading this forum to get some information. Atleast to see that this situation does not hurt my GC process and does not put my employer at risk

i saw somebody comments on this forum to not take any chance and have some documentation stating that i was not paid for these dates, et all. I got scared, went to my office and asked my boss to give me a letter basically stating that "I will not be able be able to work without proper employment authorization". This time i indicated him that i don't want to take the chance. Took this letter to back USCIS office (second time 11.am) and was able to get iEAD. This caused un-necessary fuss.

I also later read RealCanadian's comments that we can comfortably have some gaps.



hopeofgc said:
I think with your RD, it is 89th day today. How did they issue you iEAD before 90 days?
Pls share. Thanks.
Click to expand...
 
Thanks Endless... for your response.
I would say you are in a better situation now than if you were without the iEAD...unless you were looking forward to the unpaid vacation! :)
Would you care to share the contents of the letter you got from your employer?
I am pretty much in the same situation and am planning to go to the USCIS center armed with a letter from my employer threatening me with termination unless I get an iEAD!
 
There is nothing like paid and unpaid vacation if your EAD card has expired.it is illegal to work for any company without a valid EAD card.Taking unpaid vacation means you are still an employee of that company.I am going thru a similar situation.My EAD card expired on 8th Feb,2006.I sent my ead extension papers on nov1.On jan25th I got a ltter asking for clear photographs.Sent them the new photos immediately.
I consulted several attorneys and I felt that nobody confidently gave me answer on whether it is ok to work while EAD i still under process.The HR of the company then showed me the rules listed on the back side of I9 form and said that termination of my employment is the only solution.
I will be finishing 90 days on 16th Feb.I took an infopass appointment on feb13(87th day) as there were no other appointments available in this month.Keeping my fingers crossed to ge an interim EAD.
 
gangleader said:
There is nothing like paid and unpaid vacation if your EAD card has expired.it is illegal to work for any company without a valid EAD card.Taking unpaid vacation means you are still an employee of that company.
Click to expand...

Being an employee of a company != working. Are you performing your duties? If not, then you are not working. Wether you are getting paid or not is irrelevant. If you take two weeks' paid or unpaid vacation, it is clear that you are not working.

Why people agonize over this is beyond me. 245k clearly forgives unauthorized employment of up to 180 days without penalty. If you and your employer can both turn a blind eye to the expiration of the EAD (once HR gets involved, this is almost never possible) then you can continue to work and your company can continue to get the benefits of your employment.
 
Endless_Wait said:
90 days are not yet over. I think 90 days will get over on 13th-Feb-06.
The problem was:
-- break in continuity in EAD for me,
-- not knowing exactly the legal options. are we allowed gaps. ( i yet need to understand 245...)
-- getting paid for the days or not. If not then do i need to get some specific documentation to substantiate that i did not get paid? It was difficult for me as i was already paid for the whole week. Reversing payments and involving my company's red tape HR and Legal deparrtment is a nightmare.

i had gone to USCIS early (7am) in the morning to get iEAD but the USCIS lady refused to give me one unless i get a letter from employer stating that they will terminate my employment unless i have EAD. I asked my boss and he said since they are not going to terminate my employment, he cannot give me one. We decided that we will take it easy and i take vacation. But we both not legal experts.

I came back home starting reading this forum to get some information. Atleast to see that this situation does not hurt my GC process and does not put my employer at risk

i saw somebody comments on this forum to not take any chance and have some documentation stating that i was not paid for these dates, et all. I got scared, went to my office and asked my boss to give me a letter basically stating that "I will not be able be able to work without proper employment authorization". This time i indicated him that i don't want to take the chance. Took this letter to back USCIS office (second time 11.am) and was able to get iEAD. This caused un-necessary fuss.

I also later read RealCanadian's comments that we can comfortably have some gaps.
Click to expand...

Question: What is the validity of iEAD?
 
Thanks RealCanadian for the information. I have always appreciated your advice.

But somehow the thought that I might be working illegally on an expired EAD, gives me a queasy feeling!
I could blame that on my non-risk taking personality...I guess! ;-)
Since my GC process has been going without any other hiccups (other than being hit by retrogression), I just want no red flags to pop-up when my file finally turns up at the immigration officer's desk for approval.
And therefore, I just took an Info pass appt for one day before my EAD expires...to go plead my case to give me an interim EAD, even though 90 days have not gone by yet. I plan to go armed with a letter from my company threatening me with termination if I don't get an EAD/iEAD! I have to say my employer is pretty helpful.
I hope it works out.
Anybody knows how long does it take to get the interim EAD...do they just give it over the counter...or does it come in snail mail?
 
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This is ONLY for REAL CANADIAN

:) RealCanadian

I know you are not a attorney but we trust your knowledge on this EAD expiring.
In the past you helped us and do the HELP once more.



Can you once more clarify on this subject as I think many are still confused.


My EAD will expire on August 11 2006.
Let us assume I file the EAD application on May 25 2006.
Let us also assuming the new EAD does not come on August 12 2006.

You are saying on August 13 2006 I should not panick and quit job.
I should go for infopass appointment on Aug 13 2006 for interim EAD.
If I get that is fine if not try again on August 25 2006 (when 90 days happen).
But if I dont get that interim EAD then may be I can mamimum wait 180 days from 8/13/2006 as 245k clearly forgives unauthorized employment of up to 180 days without penalty.


Can you please reply?
 
Last edited by a moderator:
swas said:
My EAD will expire on August 11 2006. Let us assume I file the EAD application on May 25 2006. Let us also assuming the new EAD does not come on August 12 2006.
Click to expand...

Based on this, you'll be working illegally starting August 12th, and you are not eligible for an interim EAD until the 25th of August (or thereabouts, I can't remember exactly when the 90 days ends).

You are saying on August 13 2006 I should not panick and quit job.
I should go for infopass appointment on Aug 13 2006 for interim EAD. If I get that is fine if not try again on August 25 2006 (when 90 days happen).
Click to expand...

Exactly. Here's a question - what happens if you quit and later when you get new work authorization your employer does not want to take you back? Then you are in a much more serious situation than working for a few days without authorization. Unauthorized work can be forgiven; no job at I-485 ajudication cannot.

You can certainly try to get the IEAD on the 12th or 13th, but since the 90 days are up the local office is under no obligation to give it to you. It's worth trying, but if you can only make one InfoPass appointment make sure you schedule it for day #91. I would NOT wait any longer, since if USCIS kicks up a trivial RFE or something then it prevents you from getting an IEAD.

But if I dont get that interim EAD then may be I can mamimum wait 180 days from 8/13/2006 as 245k clearly forgives unauthorized employment of up to 180 days without penalty.
Click to expand...

Exactly. Keep in mind it's cumulative, so if you use up 30 days you only have 150 left. If the I-485 takes several years to ajudicate you might run out of time, and if you go 181 days and USCIS finds out then the I-485 must be denied. 245k was designed for working situations like your own, where there's a week or two gaps between EADs but you need to keep working.
 
Help me realcanadian!

TheRealCanadian said:
This is a clear case where 245k makes sense, especially if it's just a few days.
Click to expand...

Who is eligible under 245(k)?
My EAD expires Tomorrow and renewal has not been received yet. I am EB3 and at the time of filing 485, my prior entry to US was on H1B but after filing 485, I travelled to India and came to US on Advance parole. Travelling on AP nullifies 245(k) benefit or not? I never worked un authorized.
 
saffronizeddesi said:
Who is eligible under 245(k)? My EAD expires Tomorrow and renewal has not been received yet. I am EB3 and at the time of filing 485, my prior entry to US was on H1B but after filing 485, I travelled to India and came to US on Advance parole. Travelling on AP nullifies 245(k) benefit or not? I never worked un authorized.
Click to expand...

All EB applicants are eligible for 245k relief. Please be aware, however, that 245k does not prevent your employer from laying you off or not allowing you to work; it merely prevents USCIS from denying your adjustment based on unauthorized employment.
 
Realcanadian please confirm

TheRealCanadian said:
All EB applicants are eligible for 245k relief. Please be aware, however, that 245k does not prevent your employer from laying you off or not allowing you to work; it merely prevents USCIS from denying your adjustment based on unauthorized employment.
Click to expand...

Thanks for your help realcanadian, could you confirm that travelling on advance parole will not nullify 245(k) benefit?
 
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