USCIS said legal to work w/o EAD card!

anjafromsweden

Registered Users (C)
I just came from my InfoPass appointment at the Washington DC service center, where I (like so many of you) had gone to beg for an iEAD before the 90 days had passed. Here's my story, which differs a lot from other members' experiences:

I told the USCIS officer I needed an iEAD, because my H1B expires in ten days and I can't afford losing my job. He asked if it had been 90 days, and I said no, but I'm here because I don't want to lose my job. He looked at my I-765 receipt and said "Your employer should be fine if you just give them a copy of this receipt. It shows that you have done everything you can to remain legal, and it's not your fault that we're taking so long processing the applications."

Baffled, I asked whether FOR SURE it's legal for them to employ me even though I do not yet have my EAD card. The guy said yes. Still not quite believing what I heard, I asked whether working before the EAD was approved would somehow jeopardize my (marriage-based) greencard application, and he said no, it wouldn't.

Then he said that if my employer still insists on terminating my employment in the absence of an iEAD, I should come back with a letter from the employer. If I did, he said, they would give me an iEAD because they "don't want me to lose my job." He then checked the status of my file, and said that the application had in fact been approved, and that they're just waiting for my biometrics (my appointment is March 1) before producing the card.

I made sure to remember the officer's name, because what he said goes against everything I've read on this forum. I still am not convinced that he's correct--in essence that you can work as soon as you have a receipt for your I-765 application--but I am definitely going to continue working seeing as my application has been already approved (even though I won't have the card for another few weeks), and because I have the name of a guy who told me I can indeed continue working.

Well, needless to say, that just made my day.
 
Anja, I think you made my day as well. I also came back from appt today...and was greeted with a stern NO!
Good to know that information that you got...sounds similar to what my employer's attorney had advised me too.

Needless to say, I am going to sue USCIS for racial discrimation. They were not half as nice to me, as they were to Anja!!!!
Anybody wants to join for a class action?
:p
 
AnjaFromSweden, I had similar experience. I also got the same message from the USCIS person that i don't necessarily need to have the EAD card. If i have the receipt that is sufficient to be able work legally. If my employer does not agree with this then get a letter from them which i did to get the iEAD.
--
Atmaramji,
I also felt dirty discrimination but that was purely chinki-desi discrimination. I had spoke to other persons there (other races) and they were very nice. Thats abother long story.
--


atmaramji said:
I change my mind...its going to be a sexual discrimination suit!!! Anybody still interested?? ;)
 
Endless...I really did not feel being discriminated. I was just making some humor! I am sorry to hear that you did. Would love to hear your experience.

Anja, since your EAD renewal has been approved, would you care to share your renewal application RD with us?
 
It wasn't a renewal, it was my first EAD. I have been on H1B until now, and my i-485 is based on marriage. My RD was Dec 27. I got my AP in mid-February. According to the InfoPass guy my EAD was approved on Feb 16 but I have no proof of that as of yet. He said I'll get the card a couple of weeks after my March 1 biometrics appt.

As for the race discrimination, joke or not...you should all know that there's a lot of "reverse" racism out there, and that being European doesn't necessarily make it easier in dealing with USCIS. A lot of the African American officers (especially women) treat me as if I'm a white American—which is often NOT a good thing.

Good luck, you all!
 
Thanks, anja, for sharing the RD information.
Wow...discrimination comes in all colors, shapes and forms!!
Well...my discrimination comments were not actual events.
IT WAS A JOKE!!!!!!!
Yet, if it ruffled feathers, I apologise.
:0)
 
anjafromsweden said:
Baffled, I asked whether FOR SURE it's legal for them to employ me even though I do not yet have my EAD card. The guy said yes. Still not quite believing what I heard, I asked whether working before the EAD was approved would somehow jeopardize my (marriage-based) greencard application, and he said no, it wouldn't.
You do need to remember that ignorance is no defence in law. There have been numerous examples quoted in these forums of USCIS employees giving out blatently wrong information.
 
my spouse almost told the same by USCIS officer

said we will not deny 485 if you worked with a receipt of EAD
dms said:
You do need to remember that ignorance is no defence in law. There have been numerous examples quoted in these forums of USCIS employees giving out blatently wrong information.
 
When I can file fresh new H1b after 6 Yrs Expiration??

Hi Unitednations ,

Kindly Help
6 Yrs of my H1b will expire on June 2007 and I will be going out of USA
My question is
1.Can I apply for fresh new H1b on April 2008 when the new quota starts
(June 2007 to April 2008 i.e after 9 months) with H1b start date of Oct 2008.
(i.e. after 17 months) I will again be able to enter USA on H1b.
OR
Is it necessary at the time of application to have 1 Year complete to apply for H1B after 6 yrs.

Many Thanks
Appreciate your answer and help a lot



unitednations said:
To work in this country you need authorization.

Receipt of application for EAD card is not good enough. This differs from H-1 in that you can continue working based on an extension request even though it is not approved.

If your EAD is approved but you didn't receive the card; you have valid work authorization and if you work you are still ok. However, it is difficult to prove to employers that you have the authorization from the card.

For marriage base cases; any work without authorization is forgiven for greencard purposes.

However, for employment base cases if you work without authroization for more then 180 days then it is fatal to your greencard. This is very clear.

Another poster had contacted me whose wife's I-485 was denied (employment base case). In RFE; uscis asked for w2's for last three years. Lawyer/poster didn't analyze what the implications of the RFE was. Person sent in the w2's. USCIS denied stating that there was a gap in EAD approval of 8 months and that person worked during this time and denied the case.

Person was on maternity leave and didn't work during this time (her w2's for that year were a lot less. because person didn't work they didn't renew ead card). However, they left it upto uscis to try to figure out if and when she worked.

Person filed motion to reoopen with evidence she was on maternity along with payroll records to show that she didn't work during this time. She should be fine but this is an example of what can happen. This is one of the main reasons why in employment base cases; uscis will ask for paystubs w2's in RFE's because they are trying t o get at who you worked with and when and whether you had authorizaiton or not.
 
sure no doubt that for 180 days one is in a problem

but say if it is for few days or say upto a month or so, then the determination could be difficult, though not impossible, Also this being based on the fact that one has applied but the EAD gets delayed, though technically true even a single day work is unauthorised, however guess for 485 inelligibility the key figure they may be looking for is 180 days, even I as shocked when the immigration officer said if your employer has a problem get them here we will explain
unitednations said:
To work in this country you need authorization.

Receipt of application for EAD card is not good enough. This differs from H-1 in that you can continue working based on an extension request even though it is not approved.

If your EAD is approved but you didn't receive the card; you have valid work authorization and if you work you are still ok. However, it is difficult to prove to employers that you have the authorization from the card.

For marriage base cases; any work without authorization is forgiven for greencard purposes.

However, for employment base cases if you work without authroization for more then 180 days then it is fatal to your greencard. This is very clear.

Another poster had contacted me whose wife's I-485 was denied (employment base case). In RFE; uscis asked for w2's for last three years. Lawyer/poster didn't analyze what the implications of the RFE was. Person sent in the w2's. USCIS denied stating that there was a gap in EAD approval of 8 months and that person worked during this time and denied the case.

Person was on maternity leave and didn't work during this time (her w2's for that year were a lot less. because person didn't work they didn't renew ead card). However, they left it upto uscis to try to figure out if and when she worked.

Person filed motion to reoopen with evidence she was on maternity along with payroll records to show that she didn't work during this time. She should be fine but this is an example of what can happen. This is one of the main reasons why in employment base cases; uscis will ask for paystubs w2's in RFE's because they are trying t o get at who you worked with and when and whether you had authorizaiton or not.
 
HI

I just read your posting.
I have just got a job offer, but my renewed EAD has noot come yet. I have filed a moth ago, FP were taken a week ago, and the a month ago I aslo got a job offer and then rejecting letter.

I really cannot loose this second job offer (different company).
I am going tomorrow to DO(have infopass). I have the rejection letter of employment form the first company.
DO you think I will get it, and how should I adress my emergency.

Should I just tell about this lost offer, or the new one too.

Please answer ASAP. I have an apointment tomorrow, April 13th.
 
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