working with expired EAD
- Thread starter whytowait
- Start date
Here is how mine looked like:
U.S. Department of Homeland Security
U.S. Citizenship & Immigration Service
Chicago District Office
10 W. Jackson
Chicago, IL 60604
RE: Request for Interim EAD for Ms. "Your Name"
To Whom It May Concern:
Please be advised that our employee, Ms. "Your Name", is in need of an interim EAD. Ms. "Your Name" is currently employed with our company as a Staff Engineer. "Your Name" filed an application for the renewal of her Employment Authorization (Form I-765) with the Vermont Service Center on February 10, 2004 and it has not yet been approved. If Ms. "Your Name" is not issued an interim EAD, she will not be able to continue employment with our company. Therefore, we respectfully request that your office issue "Your Name" an interim EAD so that she may continue employment with our company, since her current EAD expires on April 28, 2004.
Print it with the company letterhead and have someone from HR sign it.
U.S. Department of Homeland Security
U.S. Citizenship & Immigration Service
Chicago District Office
10 W. Jackson
Chicago, IL 60604
RE: Request for Interim EAD for Ms. "Your Name"
To Whom It May Concern:
Please be advised that our employee, Ms. "Your Name", is in need of an interim EAD. Ms. "Your Name" is currently employed with our company as a Staff Engineer. "Your Name" filed an application for the renewal of her Employment Authorization (Form I-765) with the Vermont Service Center on February 10, 2004 and it has not yet been approved. If Ms. "Your Name" is not issued an interim EAD, she will not be able to continue employment with our company. Therefore, we respectfully request that your office issue "Your Name" an interim EAD so that she may continue employment with our company, since her current EAD expires on April 28, 2004.
Print it with the company letterhead and have someone from HR sign it.
TheRealCanadian
Volunteer Moderator
Let's be clear. You cannot WORK with an expired EAD. There is absolutely no prohibition against getting paid with no EAD, since that would be considered passive income.
My wife has earned thousands of dollars of income since coming to the US, but with one brief interval has never had work authorization.
sundancekid
Registered Users (C)
when the new EAD arrives-- doesnt it start from the date the old one expired, not from when the new one was approved ie-- they run concurrently???
the lawyer might be right because looking back, there will be no gap in EAD
now, just to muddy the water even more...
my ead was expiring 3 days after my interview
I did not get approved at my interview because of security check
I took all my paper work to renew ead to the interview, just in case. [local office would be responsible to renew ead]
the officer would not accept the renewal app'n and told me I didn't need it.
she said I could work but not travel with the "pending" she wrote in my passport
maybe its different because of the interview, [but I doubt it] because I have finished USCIS adjuducation process?? ie approved pendin security check?
I think what is obvious is that the USCIS do not know what their own rules are, and that they are applied differnetly from region to region and person to person
the lawyer might be right because looking back, there will be no gap in EAD
now, just to muddy the water even more...
my ead was expiring 3 days after my interview
I did not get approved at my interview because of security check
I took all my paper work to renew ead to the interview, just in case. [local office would be responsible to renew ead]
the officer would not accept the renewal app'n and told me I didn't need it.
she said I could work but not travel with the "pending" she wrote in my passport
maybe its different because of the interview, [but I doubt it] because I have finished USCIS adjuducation process?? ie approved pendin security check?
I think what is obvious is that the USCIS do not know what their own rules are, and that they are applied differnetly from region to region and person to person
TheRealCanadian :
A paystub that the employer generates has the pay period clearly mentioned on it. Per you, the applicant can't work but can get paid. Then how would the applicant explain pay for that period when s/he's not been working ?
This is debatable, and I'd like to hear from gurus.
A paystub that the employer generates has the pay period clearly mentioned on it. Per you, the applicant can't work but can get paid. Then how would the applicant explain pay for that period when s/he's not been working ?
This is debatable, and I'd like to hear from gurus.
labor+140=485
Registered Users (C)
Every person have different experience about this GC process, in my case i get paid salary, doesnt matter working 2 days or 5 days,
As far as payroll taxes we pay quarterly to the goverment there is no way to send schedules to any government agency about employees just dollar amounts,
Schedules showes only on our paystubs not in ss records as far as you working with the same co.
Nd Aug 2002
Trasnfer Feb 2004
As far as payroll taxes we pay quarterly to the goverment there is no way to send schedules to any government agency about employees just dollar amounts,
Schedules showes only on our paystubs not in ss records as far as you working with the same co.
Nd Aug 2002
Trasnfer Feb 2004
This is not always the case. This is the real story of one of my friends. His EAD had expired but he did not stop working. I warned him that he might get himself into trouble by doing this. However, he insisted that when he did his FP renewal at the ASC office, one of the USCIS employees told him that working on expired EAD is OK if he has already applied for the renewal. I asked him if he remembered the name of this employee. He answered “No”. I said, “Ok, now you are in real trouble. Your EAD history will have a gap between the expiration date of the old one, and the validity date of the new one. And you have nothing to cover you, expect the wrong answer from an irresponsible employee. And you even do not know his name.” He answered: “Never mind”. He got the approval in a month after the expiration date of the old card. When he received the card, to my great surprise the validity date of the new card was the same as the expiration date of the old one, so there was not any gap. He said in exultant tone: “I told you, there is nothing to wary about”.
P.S. He filed I-765 electronically.
Best,
YLB2
My EAD has almost expired in Feb, and unfortunately there wasn't even 90 days after I submitted renewal and before it expired. And I can't event get any interim EAD before the 90 days.
I asked several sources, company lawyer, outside lawyer, friends... identically, the answer is I can't work or get paid (including paid leave) before I get the new card. There was only one lawyer said unofficially that I shouldn't even have told my employer if they hadn't found out themselves.
As I later knew, the new EAD card will always bear a continuous starting date with your previous one, even it's approved months before the expiration date. In another word, if your employer knows you don't have a card, they are not supposed to let you work. But on your record, no matter when you get the card, the time will be consecutive. Luckily, in my case, my renewal was approved on the day it was expiring. But unfortunately, I haven't got my actual card yet due to the mess up in CIS for my address. (I posted in another thread, please help.) My employer is ok with the printed approval notice from the website for now.
The lesson learnt, better submit it earlier than later.
I asked several sources, company lawyer, outside lawyer, friends... identically, the answer is I can't work or get paid (including paid leave) before I get the new card. There was only one lawyer said unofficially that I shouldn't even have told my employer if they hadn't found out themselves.
As I later knew, the new EAD card will always bear a continuous starting date with your previous one, even it's approved months before the expiration date. In another word, if your employer knows you don't have a card, they are not supposed to let you work. But on your record, no matter when you get the card, the time will be consecutive. Luckily, in my case, my renewal was approved on the day it was expiring. But unfortunately, I haven't got my actual card yet due to the mess up in CIS for my address. (I posted in another thread, please help.) My employer is ok with the printed approval notice from the website for now.
The lesson learnt, better submit it earlier than later.
According to my lawyer a law-abiding company shouldn't have any employees without a valid EAD. In case there is an audit or inspection the employer needs to prove that he doesn't employ anyone uneligible to work. Same with pay - the company isn't allowed to pay salary (or any income) to people unauthorized to work in US.
If a company is found to have employees like that it will be fined or even closed. I think Walmart had to pay some big bucks last year as a result of some immigration violations.
Even though there are clear rules about employers breaking this law there is not much in the immigration law about employees who work without an authorization. My lawyer said that he'd never heard that it ever led to a departation or a serious penalty for the violators except for losing the job and not being able to get a job in the same company in the future.
If a company is found to have employees like that it will be fined or even closed. I think Walmart had to pay some big bucks last year as a result of some immigration violations.
Even though there are clear rules about employers breaking this law there is not much in the immigration law about employees who work without an authorization. My lawyer said that he'd never heard that it ever led to a departation or a serious penalty for the violators except for losing the job and not being able to get a job in the same company in the future.
Bosko_Djurovski
Registered Users (C)
Folks,
It is true that a renewed EAD has validity that provides contiguous work authorization. However it is also clear that without having an EAD approved, one is not authorized to accept employment. The problem may occur if adjudicating officer asks for EAD approval notices to verify whether an applicant had maintained legal employment status throughout the process. Approval notice has an information about an approval date.
It is true that a renewed EAD has validity that provides contiguous work authorization. However it is also clear that without having an EAD approved, one is not authorized to accept employment. The problem may occur if adjudicating officer asks for EAD approval notices to verify whether an applicant had maintained legal employment status throughout the process. Approval notice has an information about an approval date.
This proves you can't predict USCIS style of working. But generally, by the time your new EAD gets approved, and your old EAD isn't expired, the new EAD validity date will be from the expiry of old EAD date. But if the old EAD is already expired, the new EAD shows the date of approval, not the date of expiry of old EAD.