What a rule?

D

DECCAN EXPRESS

Registered Users (C)
If a person gets receipt for H1 extention he can start work immediately.
But what if a person gets receipt for EAD extension, can he work regardless of his EAD approved date?

Immigration Gurus comment on this....
 
interesting question

i am also very interested in knowing the answer for this one...

Thanks in advance...

luckGC
 
The answer is NO

AFAIK, EAD receipt does not work the same way as H1B receipt. You cannot work if you do not have a valid EAD card with you - doesn't matter if you have applied for extension and have a receipt.

The following is from a FAQ on murthy.com

Question : I let my EAD expire and then applied for a new one. Is this going to be a problem? Was I supposed to apply before the expiration date?

Answer : This will not be a problem with respect to obtaining a new EAD. The EAD does not have to be filed as an extension before the expiration date in order, ultimately, to obtain an EAD approval. Merely filing the EAD does not permit a person to work legally in the U.S. It is necessary for the person to obtain an approved EAD in order to continue employment, unless one is in a valid, work-authorized nonimmigrant status. Therefore, this could pose a problem with respect to one's ability to continue working legally if there is a gap in the EAD.

Posted May.02.2003
 
Here is an interesting case i heard recently. A guy working on EAD did not get his EAD renewal approved before the expiry of earlier EAD. He was supposed to stop working since his H1 was expired months before. But his attorneys applied for H1 renewal and asked him continue working using Pending H1. He got his EAD approval his H1 is still pending in TSC. I do not know how this is going affect him. I think to avoid such games CIS might have made EAD approval mandatory.
 
Originally posted by tammy2
I do not know how this is going affect him. I think to avoid such games CIS might have made EAD approval mandatory.
Click to expand...

This rule isn't in place to stop games. It's because of the fundamental difference between the EAD and work statuses like H, L, TN, O, etc.

One of the regulations states that a pending extension of a petition for an alien worker automatically extends work authorization by up to 240 days. Since the EAD isn't based upon an underlying petition for an alien worker by an employer, it isn't covered by this regulation.
 
Originally posted by TheRealCanadian
Since the EAD isn't based upon an underlying petition for an alien worker by an employer
Click to expand...

But isn’t EAD application is petition for employment from employee for him self?
 
But seems EAD is based on 'Employer petition'(I140) since if I140 is denied all are denied.
Further,first EAD appliaction stage is at filing stage/after filing stage of I485 only and inturn, I485 filing is primarily based on filing/process/approval of I140.
At some stage EAD have relation to I140.
further,Consider EAD approved but later I140 denied.Where is question of EAD validity then.
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Not a legal opinion.lay mans comments.
 
Originally posted by Participant
But seems EAD is based on 'Employer petition'(I140) since if I140 is denied all are denied.
Click to expand...

Yes, but not all EADs are based upon an I-140. Most, in fact, are based on an I-130 petition. Others are based upon L-2 or E-2 status. Others on F-1, and even some on B-1 status.

The point I'm trying to make is that the automatic extension of work authorization for 240 days after a timely filed extension only applies to I-129 petitions, therefore this doesn't apply to EADs.
 
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