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What happens if the EAD expires?
- Thread starter shirubio
- Start date
TheRealCanadian
Volunteer Moderator
Originally posted by shirubio
Assuming the application for extension is filed.
Can the person stay in US?
What about work?
Stay, yes. Work, no.
Get one from Local Office
You can stay in US on AOS status. You can't work when the EAD expires. If you have applied for renewal EAD and 90 days has passed and still didn't get it, you can goto local INS office and request for interim EAD.
If its not even 90 days, you can try to get interim EAD from local office. Sometimes you get it, if you are lucky.
Experts! Correct if I am wrong.
Bob
You can stay in US on AOS status. You can't work when the EAD expires. If you have applied for renewal EAD and 90 days has passed and still didn't get it, you can goto local INS office and request for interim EAD.
If its not even 90 days, you can try to get interim EAD from local office. Sometimes you get it, if you are lucky.
Experts! Correct if I am wrong.
Bob
And remember the new policy for EAD renewal - the date starts from the day the renewal is approved. BCIS no longer backdates the validity of the new EAD.
Be extremely careful with this, as you could end up having a gap in your employment history.
File your EAD renewal 4 months before it expires!
Be extremely careful with this, as you could end up having a gap in your employment history.
File your EAD renewal 4 months before it expires!
Onleewords
Registered Users (C)
EAD Renewal
Hey Guys,
I am getting ready to renew my EAD.I did not use my previous EAD as i am with the same company on H1.My current EAD expired on Feb 03 .My H1 is expiring on 31 Aug. 03 . I still have 4.5 months left on H1. Should i file my for my new EAD or wait for GC.
My RD is 11/02/2001. Is is necessary to file EAD renewal before it expires(mine already expired 2 months back)??
Appreciate your input/response.
Hey Guys,
I am getting ready to renew my EAD.I did not use my previous EAD as i am with the same company on H1.My current EAD expired on Feb 03 .My H1 is expiring on 31 Aug. 03 . I still have 4.5 months left on H1. Should i file my for my new EAD or wait for GC.
My RD is 11/02/2001. Is is necessary to file EAD renewal before it expires(mine already expired 2 months back)??
Appreciate your input/response.
Originally posted by shirubio
Assuming the application for extension is filed.
Can the person stay in US?
What about work?
I remember someone attended interview for GC and INS officer says its ok to conitnue with job if the EAD is expired provided EAD extensions is filed.
In my case, my EAD was expired and I still continue working cuz neither company attorney nor management objected, inspite of me sending many reminder abt my EAD expiration.
Read the new policy carefully!
Read this new policy carefully - I got this from www.immigration-law.com
According to the AILA, it will be the BCIS policy not to back date the EAD validity date when they issue a renewal EAD card. This policy presents a serious problem for a large number of aliens who are working on EAD, such as the family-based I-485 filers, and the employment-based EB-485 filers who are not working on employment-visa status such as H, L, E, O, TN, etc. Legally, should the Service Center fail to issue a new card within 90 days from the date of EAD application filing, people are allowed to go the local field offices for issuance of Interim EAD cards. However, the reality does not always work like that. Some district offices take time to process such interim EAD cards.
Since the gap between the old and new cards creates a period of lack of employment authorization, any employment during this period can be considered an unauthorized employment. Such violation of immigration laws pending I-485 can make such alien ineligible for adjustment of status to a lawful permanent resident.
------------
In the eyes of BCIS, the burden of proof is on YOU, the adjustee - not the lawyer or the company you're working for.
Read this new policy carefully - I got this from www.immigration-law.com
According to the AILA, it will be the BCIS policy not to back date the EAD validity date when they issue a renewal EAD card. This policy presents a serious problem for a large number of aliens who are working on EAD, such as the family-based I-485 filers, and the employment-based EB-485 filers who are not working on employment-visa status such as H, L, E, O, TN, etc. Legally, should the Service Center fail to issue a new card within 90 days from the date of EAD application filing, people are allowed to go the local field offices for issuance of Interim EAD cards. However, the reality does not always work like that. Some district offices take time to process such interim EAD cards.
Since the gap between the old and new cards creates a period of lack of employment authorization, any employment during this period can be considered an unauthorized employment. Such violation of immigration laws pending I-485 can make such alien ineligible for adjustment of status to a lawful permanent resident.
------------
In the eyes of BCIS, the burden of proof is on YOU, the adjustee - not the lawyer or the company you're working for.