Working while EAD is pending
- Thread starter reliance
- Start date
This may not be a good idea
Can I get an Interim EAD before 90 days?
- I think you would have to wait for 90 days from the date of receipt to have an Interim EAD issued.
How risky is it to work with out an EAD?
- I think it is very risky. Consider this, how would you justify the lapse between the time of EAD expiry and the approval of your new EAD. This may be detrimental if you are to get an RFE for, let's say, paystubs and EADs.
Of course, Employment Verification Letter may be the only thing you will be RFE'ed for. However, at this point in your GC journey, I would do all that I can to make sure you are in the clear...just my two cents.
Japanese
Can I get an Interim EAD before 90 days?
- I think you would have to wait for 90 days from the date of receipt to have an Interim EAD issued.
How risky is it to work with out an EAD?
- I think it is very risky. Consider this, how would you justify the lapse between the time of EAD expiry and the approval of your new EAD. This may be detrimental if you are to get an RFE for, let's say, paystubs and EADs.
Of course, Employment Verification Letter may be the only thing you will be RFE'ed for. However, at this point in your GC journey, I would do all that I can to make sure you are in the clear...just my two cents.
Japanese
Taking unpaid vacation not really solves the problem, coz you still are considered employed. Your employment must be terminated and rehired (Fill new I-9 form and mention as REHIRED ) after you get your renewed EAD.
Worse case scenario you can claim 245(i) with $1000 penalty if you are eligible for it. My 2 cents.
Thanks
Worse case scenario you can claim 245(i) with $1000 penalty if you are eligible for it. My 2 cents.
Thanks
TheRealCanadian
Volunteer Moderator
This is not correct. You can be employed (and paid) while your EAD is expired, you just cannot do any work.
Taking paid/unpaid vacation is perfectly legal. What you suggest is unnecessary hassle and waste.
TheRealCanadian
Volunteer Moderator
Well, that may be hard to find.
All I'm saying is that if you can find one, you're good, or you can use your vacation days. Both are legal.
Snehanjali
Registered Users (C)
YOU CAN WORK
Hi:
I did go through the same as our attorney didn't file for EAD renewal hoping that the GC would be approved.
He says that we can work as long as INS has a EAD renewal file # (LIN#) before expiry of the current EAD.
He says that is not a problem or an issue at all. He says you are in status as long as you have submitted the necessary documents before expiry.
Hi:
I did go through the same as our attorney didn't file for EAD renewal hoping that the GC would be approved.
He says that we can work as long as INS has a EAD renewal file # (LIN#) before expiry of the current EAD.
He says that is not a problem or an issue at all. He says you are in status as long as you have submitted the necessary documents before expiry.
TheRealCanadian
Volunteer Moderator
Re: YOU CAN WORK
Your attorney is incorrect on a number of fronts.
First, an EAD is *not* a status document. It is merely authorization to work. Your pending I-485 keeps you in legal status, wether you have an EAD or not.
Second, there is a CFR that I cannot remember offhand that provides for temporary extension of non-immigrant status and work authorization when a timely-fled extension petition is pending, for up to 240 days. Since an EAD is not a non-immigrant status petition that conveys work authorization, it does not qualify under the CFR. When the EAD expires, you are not authorized to work, pending extension or not.
Your attorney is incorrect on a number of fronts.
First, an EAD is *not* a status document. It is merely authorization to work. Your pending I-485 keeps you in legal status, wether you have an EAD or not.
Second, there is a CFR that I cannot remember offhand that provides for temporary extension of non-immigrant status and work authorization when a timely-fled extension petition is pending, for up to 240 days. Since an EAD is not a non-immigrant status petition that conveys work authorization, it does not qualify under the CFR. When the EAD expires, you are not authorized to work, pending extension or not.