Urgent Help Needed

munu

Registered Users (C)
My wife's EAD is expiring on 08/15. Her renewal EAD was filed on 4/18 and no news about it yet. So last week we went to Local INS (orlando) to get the interim EAD and we were told that procedure are changed and they can no longer issue the interim EAD. They told us to fill the EAD form again and will be called for card in 1-2 months.
Now what should we do...her EAD is expiring this week and she is currently working on EAD. EAD renewal was filed more then 90 days back and we have the receipt.
Her I-485 was transfered to Local office in April and looks like EAD was also transfered.

What are her options now. Can she work based on the EAD renewal receipt. Any suggestion will be greatly appreciated.
 
A question only a lawyer can answer

But my guesswork goes something like this:

1. Drawing analogy to H-1 which is a permit to work in a restricted way(only for the sponsoring employer), probably there is a provision in INS rules to allow a person to work while EAD renewal is pending

2. Contrarily, It could also be possible that since the renewal is not approved, it might become an issue.

Most likely, it is #1 but only a lawyer or a lawyer's forum can answer this question, especially based on some precedence somewhere.

Please post your lawyer's response so that some of us who might face a similar situation in future can take precautions.
 
Munu,
We have a similar experience. My husbands and my EAD expired May 24 '02
- we applied for the second EAD in Jan 2002 - By May first week it was still not approved - so we went and got an interim EAD (from SFO) which was valid till Aug 12th (today).
The original EAD however got approved on July 1st. I received my card but my husband still hasn't.
Our Lawyers then filed for a replacement card because the Replacement cards Receipt is valid proof for 90 days- within which hopefully the original or replacement card should come.
you should talk to our lawyers about this option, because from what i understand the approval notice of your original EAD is not valid proof but the receipt that you have filed for a replacement card is proof for 90 days (strange!!)
 
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