EAD renew gap

[Wayne Goh]

I-140 approved, I-485 pending 3 years waiting for visa number.
EAD will expire on 08/11/2010. and EAD renew application is pending at NSC.
I understand taht work between the EAD gap is illegal. Question:
1) Do I have to terminate OR
2) Is it OK (consider legal) to take unpaid leave (instead of terminate) until new EAD card received?
Thanks

[krishna_brc]

I-140 approved, I-485 pending 3 years waiting for visa number.
EAD will expire on 08/11/2010. and EAD renew application is pending at NSC.
I understand taht work between the EAD gap is illegal. Question:
1) Do I have to terminate OR
2) Is it OK (consider legal) to take unpaid leave (instead of terminate) until new EAD card received?
Thanks


I think you can go on paid leave...if you have one but don't have to Terminate your job.
It is illegal to work with out an EAD but not illegal to go on leave/vacation while waiting for EAD.

Thanks,
Krishna

[Wayne Goh]

Thank you very much for your reply.
I received the following email from our company HR.

Is there any document (such as law or USCIS memo etc) that I can show to the HR it is legal to take leave instead of terminating?

Thanks.

-----Original Message-----
From:
Sent: Friday, May 17, 2010 12:05 PM
To:
Subject: Expiring documents
Importance: High

Dear ,
This is a courtesy reminder that your Employment Authorization Card will be expiring soon, on 08/11/2010.
Please present your updated documents (ex: Unexpired Employment Authorization card, Permanent Resident card, Foreign Passport with stamp etc.,
please see the attached document that outlines acceptable documentation) to Human Resources, on or before the expiration date, Wednesday, August 11, 2010.
If documents are not received by end of day on the date in which it expires, Wednesday, August 11, 2010, your employment may be terminated.

[latha123]

Hello,
You can take unpaid leave and come back after your new EAD card arrives.
even if you work 1 hour after the expiry.... you have a problem..

[PD1006]

The option to go on unpaid leave is strictly company policy driven.