What if EAD expires before getting the EAD Renewal??

G

GeeCee97

New Member
Does anyone have any idea what happens if the current EAD expires and the Renewal has not yet come through? My EAD is expiring in 2 months time and I am applying for the renewal now. I do not have the 90 days to wait and go for the interim EAD. Will the working status be maintained? Is it like the H1B extension that filing before the expiring is adequate? Any experiences/advice?

Thanks
 
2 options

You have 2 options. You can try your luck and go to your local INS office and attempt to get the renewal there. Or you can take your chances and FedEx your application to VSC and hope they give it to you in 2 months. However, if your current EAD expires, and you don\'t hvae the new one in hand, it is considered illegal to continue working. However, if your H1 is valid, then you can continue working on that.
 
Yup - 2 options

1) I would encourage you to got to local INS office to try your luck with renewing EAD application. Some INS offices like Boston, Baltimore entertain walk-ins and I have seen some cases on this board where they got the approval in same day or with in a week.

2) VSC has been random in approving EADs. There are couple of EAD cases that were approved in 3 weeks but there are some that took more than 3 months (like mine).

Your status if your EAD expires depends from one employer to another. Some would permitt you to work and would entertain your application for EAD as a proof that you are legal, others will make you take vaccation or holiday till you get your EAD. In any case, I would not "proactively" give this information, but would find that info. from the HR.

In any case, you cannot go back and use your H1 since you started using your EAD and that has invalidated your H1B status.

Good Luck
 
GC4VP is right

You ohave only those two options. I know someone whose wife had been working on EAD. Their EADs expired. Her current employer (parttime) was fine with the EAD renewal receipt. She also got 2nd parttime job and this employer did not allow her to join just on the basis of EAD renewal receipt. So, I think it varies from employer to employer.
If someone goes to the local INS office after 90 days (from EAD RD) are over, does he need to carry the cancelled checks (used to pay the EAD renewal fee) or the duplicate copies of the checks are also sufficient. I have to go to newark office for my EAD renewal. My lawyer sent his checks to pay the fee and he doesn\'t have the cancelled checks.
 
You should be fine

GC circle1, I think you should be fine if you just take the EAD reciept along with I-485 reciept notice. Though I cannot give you a firm answer to your question, you know how INS folks are.. totally incosistent and random. I have seen one post where the INS guys did ask for the encashed check as a proof of EAD payment (I guess they wanted to make sure about the fee). But there have been so many other posts where INS did not ask for the check at all. If you can arrange the checks you would be covering all the grounds, and incase you cannot get the check right now, atleast take a chance. I have a feeling that you would be totally fine. Do post your experience once you are back
 
MORAL OF THE STORY!

Apply for EAD renewal within 3 to 6 months of the expiry
date and there will be no problems!!!
 
No Title

i\'m in the same situation and Legal department of my company told that i can continue working once i get the receipt of my EAD renewal.
GOodluck
GOodGuy
 
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