working with expired EAD

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whytowait

Registered Users (C)
Hi,
I am working on EAD card and my first ead card is getting expired in few days. I got EAD card thru my husband's GC process(I am not primary beneficiary). I have applied for my second ead card but won't get it by then and I cannot get iEAD for another 3-4 weeks. I talked to my company's HR and their lawyer is saying that I can work since I have applied for second ead card and asked me to submit the receipt of ead card. I work for a very big company.
Is it okay to work? Is it going to affect our GC process?
Thanks in advance for expert advice.
 
You can not work with a expired EAD. The fact that you have applied for EAD does not help you. Something like this can hamper your GC process. I don't know how your HR does not know this.
HTH
 
To the best of my knowledge, you can not work with EAD receipt.
I have never heard of such an opinion in this forum. I also read some postings saying that their lawyers told them that they can't work without an approved EAD.
I don't know why that lawyer told that you can work on just receipt notice. May be there is some loophole in the law. But why don't you take 3 to 4 weeks off and get an interm EAD ? I suggest you not to take risk with respect to immigration laws.
 
Hmmm ... so is there even an option of taking time off while waiting for i-EAD ?

Do companies keep us on the payroll while we are waiting for EAD/iEAD ?
Am not sure -- I wish they would !!

Anyone done something like that before?


whytowait: as others have said you cannot work with just a receipt .... speak with your HR/lawyers for options .
 
Originally posted by max2k1
Hmmm ... so is there even an option of taking time off while waiting for i-EAD ? Do companies keep us on the payroll while we are waiting for EAD/iEAD ?
Click to expand...

USCIS doesn't care what you do, so long as you are not working. If your company continues to pay you, that's fine - what matters is not if you are getting paid, but if you are working.

If you do take leave, make sure you can document this. I'm 90% sure USCIS will never notice or care, but it never hurts to cover your bases.
 
I know one guy whose H1 expired but he worked

I know one guy whose H1 expired but he worked for few weeks until the new one got approved. He just took a "vacation" and after this vacation he received a "bonus".
 
Actually, the very same thing happened with one my colleagues. She had confirmed with an immigration officer and the officer had spoken to our HR person over the phone.

This is what she explained-

If you had applied for your EAD renewal 90 days ago and you had not received the card yet, after 90 days you SHOULD BE ABLE TO WORK WITH RECEIPT!

So your lawyer is right about it. thx
 
Re: I know one guy whose H1 expired but he worked

Originally posted by PrinceOfDarknes
I know one guy whose H1 expired but he worked for few weeks until the new one got approved. He just took a "vacation" and after this vacation he received a "bonus".
Click to expand...

I don't know why he needed to do this. There's a regulation that states you can work for up to 240 days with a pending I-129 (for a renewal of an H, L, O, P or TN). Completely different than an expired EAD, though.
 
Originally posted by rangdhonu
If you had applied for your EAD renewal 90 days ago and you had not received the card yet, after 90 days you SHOULD BE ABLE TO WORK WITH RECEIPT!
Click to expand...

This just proves that any information USCIS gives you over the phone is completely and utterly useless.

There's no law or regulation that I or anyone else here has found that backs this up. The only one out there is that if you have waited 90 days for your EAD and not received the card, you can go to your local USCIS office and get an "interim" EAD card on the spot. And then you can work.
 
Same opinion I got from my lawyer, he said if I applied for second ead bfore expiration of first one I am able to work.

Any how if a person working on salary and not punching in/out who can figure that he worked with expired ead.
 
You can't work with the expired EAD. You can't even be on a paid leave as the salary that you are paid goes on your SSN number and the SSN card says something to the effect that you need the INS permission to work and you don't have it and your EAD expired.
My EAD expires today and I had to go through a nightmare at the local office to get an interim EAD. Do it as soon as you can, but please bring a letter from your employer that petitions BCIS to issue it to you as the local office won't consider any EAD applications unless it's been pending for at least 90 days.
 
The EAD clearly states the validity date- so there should not be any ambiguity in that.
If you don't have valid EAD you can not get paid for that period- that is how BCIS would verify- SS deductions for period. Some companies may let you work and pay later as bonus. Or else you go simply on unpaid leave- that is what most compnies do.
 
Hi udacha6,
It seems that you received your iEAD before 90 days. Is there anyway, I can go to local INS office and get iEAD before 90 days. My employer is very good and they can do whatever I ask them to do. The company I work with is a very big company and I have spoken with my husband's lawyer also. They are also okay with my working with expired ead becuase I have already applied for it.Please reply back ASAP.
 
Yes I got my interim EAD before the 90 days were over.
Initially the BCIS receiptionist didn't even want to talk to me saying that I have to wait for 90 business days before I can come back and apply again. I said that I couldn't wait but she still wouldn't give any application forms. Then I started arguing about it and started showing her some of the documents that I brought with me including the letter from my employer (that my lawyer wrote). After she read the letter she talked to her supervisor and gave me the forms with big red letters "INSIST" on it and said that it would be up to the INS officer's discretion to approve my case. Surprisingly the officer didn't see any problem at all with my case and issued the EAD to me without any futher questions.
 
I forgot to mention that my spouse's EAD had already expired by that time and the officer started questioning us about how we couldn't continue working when he didn't have a right to. The only thing that saved us was that my spouse is self employed and can control when and how he is paid. Otherwise he would have been in trouble.
 
One of my co-worker had a similar situation. I told him that he cannot work without a valid EAD in his hand. But our company lawyer told him that he can work with pending I-765 renewal application.

Then my friend put me in conference call with our company lawyer. The Lawyer told us that a person cannot start working with out a valid EAD in his hand(like changing the status from h-1B to EAD). But if he is already in EAD and applied for EAD renewal he can work with expired EAD. The lawyer told us that "this issue is mainly with department of labor rather than BCIS. There is 1-800 number for DOL in Washington DC, any body can call and check with them. Most of the immigration lawyers don't know about this".

To be safe it is better to have EAD in your hand. Well if you couldn't get it, I think you can take the risk.
 
I am in Chicago.
You have to try as there is absolutely no legal right for you to work or get paid without a valid EAD.
I can give you the text of the letter if you are interested as I am convinced that it was the only thing that helped me.
By the way my husband's interim EAD wasn't retroactive so he has a lapse of almost five weeks that he can never get paid for.
 
rajeshp2001,
You can't work with a pending I765 application. IF f that was true then when I applied for an interim one at the local office the INS officer would have said to me that I don't need it and I could continue working since my application was pending (I showed her the I765 copies). On the opposite the officer said that I should be careful next time when I apply for EAD renewals and not allow to this to happen again.
Please be careful about it.
 
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