What happens if EAD get expired

H

harapattawaiter

Registered Users (C)
Guys,
My RD is 18th Feb 2002, my 2nd EAD is valid till 25th May 2004, havnt applied for 3rd EAD. My question is should I apply for it, and in case my I485 dosent approved by that time what options do I have.
Thansk
 
If your EAD expires you can not work. It is currently is taking 90+ days to get EAD. Electronic EADs are faster than paper EADs. You can get an interim EAD- in 1-7 days(depening on local BCIS) after your case is pending for 90 days.
You can not predict when your GC is going to be approved it could take 0-6+ months.
So decide accordingly.
HTH
 
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Originally posted by harapattawaiter
Guys,
My RD is 18th Feb 2002, my 2nd EAD is valid till 25th May 2004, havnt applied for 3rd EAD. My question is should I apply for it, and in case my I485 dosent approved by that time what options do I have.
Thansk
Click to expand...

Apply NOW.
 
Apply 6 months before expiry to be safe. 3months is surely too short. Please note that you can get an Interim EAD only if your EAD is pending more than 90 days without an RFE on your EAD application
 
You have to go to local BCIS center for FP and Photo. On the whole I find it cheaper and easier. But you must check where the closest local BCIS center is-there are many all over- several are open on saturdays n sundays.
HTH
 
don't take risk. APPLY fr EAD renewal

please apply for your EAD renewal . don't take any risk. invest another 120 usd and be safe . prudence is the better when dealing with BCIS.

don't take any risk
 
Like many have suggested, try and apply for your EAD & AP 6 months in advance. I made the mistake of applying for my AP & EAD renewal just 2/3 months in advance. My previous AP has already expired on Jan 7. The RD for my AP renewal is Nov 5. When I called NCSC they asked me to wait for another 2 months. My EAD renewal RD is Dec 12 and my current EAD expires on March 12. Hope my case gets approved before that.

Since EADs are typically renewed back-to-back you don't need to worry about any non-coverage dates. Most employers might not even notice that your EAD has expired. Once you get your new EAD you could send your HR a copy of that.
 
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I will not suggest working without valid EAD. I don't think EADs are issued back to back- meaning the start date is not backdated- but its validity is forward dated(if that applies) to avoid overlap. Somebody who has had a gap can comment on it.
Also unlike a pending H1- entitles you to work- a pending EAD does not entitle you to work.

Some HR depts. may not catch it most do. BCIS sort of checks this at time of adjucation.

HTH
 
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It is not back-to-back dated

Hi

Actually EADs are renewed back-to-back dated but they put the actual date it got approved. So definitely there is going to be an issue. As mentioned by Sb_tiger it is better to be on the safer side
than getting some unwanted queries from BCIS during the final approval. In some states (for eample NH) it seems they don't even issue a driver's licence or renewal if you don't have a valid visa. In particular for those who are working with EAD should have a valid EAD. Otherwise one has to get some temporary ID for 45 days or so (costs about $50).

My EAD expired on Dec 03 2003 and I got my interim EAD on Jan 9 2004 and my original one got approved on Jan 23 2004 and I got it by post on Jan 26 2004. I have a gap of about one month or so but I didn't have a job during this time and it worked out fine.

So place be careful with these things. As one of my friends always mention that those who stay legally with documents are
considered CLASS III residents and those who stay without any valid documents are CLASS II residents. But still we all guys
stay and abide by law and finally subjected to tortures.

Bottom line : Please apply at least 4 months in advance prior to your expiry date irrespective whether your final approvals comes through or not.

Also make sure that your Finger Print is also not over 15 months.
(one of my friends from Baltimore didn't get the final stamping because he was told that Finger Print got expired. He did it the same days and still waiting for the final letter (more than three months passed)


Sekar
 
valid for one year

Hi Sb_Tiger

My EAD was actually ordered on Jan 20 2004 and approved
on Jan 23 2004. [ On Jan 20th the online message said something like this . " this case has been approved and we have ordered a new card on Jan 20 2004 ......." and on Jan 23 2004 the online message changed to " This case has been approved and we mailed you the card on Jan 23 2004 ...... ]

The validity is from Jan 20 2004 to Jan 19 2005.
But my original EAD expired on Dec 03 2003.

Thanks
Sekar
 
Thats fine. That was my understanding- if EAD is delayed it is not back-to-back. Hence there would be a gap- in which you will not be able to work.
Thanks
 
Hi,

Company Lawyer (f...r) was applied EAD for me. It passed 90 days. My H1-B expired. 140 was approved, 485 pending. He is advising to company and to me , I can work. Company was relying on him , not listening to me. He was telling interium also not required. What should I do? If I bring interium from my local, is it going to effect to main EAD or they going to notify to lawyer?

Thanks in advance for your openion.
 
Originally posted by green1331
Hi,

Company Lawyer (f...r) was applied EAD for me. It passed 90 days. My H1-B expired. 140 was approved, 485 pending. He is advising to company and to me , I can work. Company was relying on him , not listening to me. He was telling interium also not required. What should I do? If I bring interium from my local, is it going to effect to main EAD or they going to notify to lawyer?

Thanks in advance for your openion.
Click to expand...


The interim EAD does not effect the real EAD. If your EAD renewal has passed 90 days and you haven't heard anything from the Service Center, go to a local CIS ASAP to get an interim EAD!
 
one cannot work if there is no valid EAD

Hi Green1331

As far as I understand , it is not legal to work if you don't have a
valid EAD. During the gap, the employer is supposed to notify you
or you are supposed to notify the employer about this and you will be kept out of work till you receive your EAD. I hear that many companies don't follow the rules but there could be chance that it could be caught during your I-485 approval.
Your lawyer is really ignorant and please seek advice from others.
As I always stress the point that never take risk as far as BCIS is concerned. I hope BCIS does not notice this gap.

In my case though I had a gap of about a month and a half, I was out work anyway.

Sekar
 
You can either do 7th yr H1 extension- if 6 yrs have expired or just normally extend H1. Or the other option (the better option)- get interim EAD.
But the bottom line is you can not work without H1(approved/pending) or approved EAD.
HTH
 
What happens if your EAD is expired and you didn't get it renewed.
In my case EAD is expired and I have a valid H1, I never used EAD. How will this effect me..

thanks for the anwsers...
 
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