Working on expired EAD

F

fjaffery

Registered Users (C)
A friend of mine has a situation where his EAD is expiring in a couple of days and his EAD application is only about 70 days old. He has his I-485 pending. What should he do?

1. Keep on working ... ( what could be the consequences to the 485 filing. He is receiving for the final decision after replying to an RFE months back )
2. Stop working until he receives new EAD or 90 days pass from the EAD filing and then go for an interim EAD
3. Kill himself???? :eek:
 
Ask your friend to go to local office and try for interim EAD. I got my interim EAD from Charlotte, N.C. after 78 days since it was expiring. I am from Atlanta and Atlanta local office refused to issue interim EAD before 90 days but luckly got it from Charlotte, N.C. office.

Ask your friend first to try at his/her local service center..if they refused then asked to try at other nearing local office who is service his/her area also. You can get this detail from USCIS local office web page.

Good luck!

fjaffery said:
A friend of mine has a situation where his EAD is expiring in a couple of days and his EAD application is only about 70 days old. He has his I-485 pending. What should he do?

1. Keep on working ... ( what could be the consequences to the 485 filing. He is receiving for the final decision after replying to an RFE months back )
2. Stop working until he receives new EAD or 90 days pass from the EAD filing and then go for an interim EAD
3. Kill himself???? :eek:
Click to expand...
 
He cannot work on expired EAD.Both your friend and his employer will get into trouble.I suggest try interim EAD and ALSO contact the local senator(in person) and get it going.I was placed out of work for 3 weeks before senotors office intervened and issued and emergency EAD last year this time.
Its frustarting but no other go.
Good luck .
 
I believe sitting home is not a good idea. keep continue for office/work routine
talk to company regarding arriving new EAD and convence them its your money and it would be paid somehow now or later, if they have no issue by accounting/law try to adjust paycheck when new EAD arrives.

this is personl opinion. don't try to follow without ur attorney's advise.

Good Luck
 
fjaffery said:
A friend of mine has a situation where his EAD is expiring in a couple of days and his EAD application is only about 70 days old. He has his I-485 pending. What should he do?

1. Keep on working ... ( what could be the consequences to the 485 filing. He is receiving for the final decision after replying to an RFE months back )
2. Stop working until he receives new EAD or 90 days pass from the EAD filing and then go for an interim EAD
3. Kill himself???? :eek:
Click to expand...

1. Your frd cannot work as EAD has lapsed. But status is not in problem as he is waiting for AOS - no issues.
2. Yes he must stop working till he gets iEAD or EAD.
3. That will be illegal. If caught may land up in jail. :D
 
Was in similar situation recently....

HR requested proof for continuing employment as my EAD was to expire 03/04. I had applied for renewal but it was just 60 days(my bad). I sent them copy of my EAD receipt & they were OK.

I was worried but my attorney told me that normally the HR people are aware of the delays in processing, so should be fine & it was.

Also note that once renewal EAD comes it is usually from the date the earlier expired which will not create any problems.

Just my 2 cents... hope this helps.

Raksha.
 
Raksha:
You , your lawyer and HR are unfortunately misinformed. You can not work with expired EAD. Just beacuse you have applied EAD does not entitle you to work (unlike H1 transfer). EAD is not issued backdated- they maybe issued forward dated- in case of renewal- to avoid overlapping period. The EAD has a cleraly defined validity period- start and end date. :eek:
 
what if your new EAD comes with a starting date the same as the expirration date on your last EAD ? That usually is the case.
 
The starting date on the next EAD should be the expiration date on the previous EAD. This only happens if the EAD was issued before the expiration date- but not if it was issued after the expiration date. That is waht I mentioned in my previous msg.
HTH
 
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