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karthikgk
10-19-2010, 11:10 AM
Hello,

My EAD (based on I-485 for EB-3; PD - July 2003) expires in the first week of Nov and I applied for my renewal in August and got a notice stating that my application has been received and it will be processed.

I have not received the new EAD yet (status on the website says 'Initial review') and chances are that I may not get one before the current EAD expires.

Am I dead in the water? Both my wife and I need EAD as our H1 has expired and we have changed jobs.

Obviously I am worried sick,

Any help, pointers, suggestions are much appreciated.

Thanks,

skynet2500
10-19-2010, 01:00 PM
Hello,

My EAD (based on I-485 for EB-3; PD - July 2003) expires in the first week of Nov and I applied for my renewal in August and got a notice stating that my application has been received and it will be processed.

I have not received the new EAD yet (status on the website says 'Initial review') and chances are that I may not get one before the current EAD expires.

Am I dead in the water? Both my wife and I need EAD as our H1 has expired and we have changed jobs.

Obviously I am worried sick,

Any help, pointers, suggestions are much appreciated.

Thanks,

Few Suggestions..

Contact USCIS to expedite the case. Usually they do it 90 days after they received the case. After this do the following..

- Contact ombudsman office
- Contact local senator office.
- Contact local congressman office

Good Luck.

karthikgk
10-19-2010, 02:11 PM
Thanks. I did contact USCIS and they have accepted my request to expidite the cast. It is to be seen if it will actually happen.

My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?

Best,

realizeit
10-19-2010, 02:21 PM
Thanks. I did contact USCIS and they have accepted my request to expidite the cast. It is to be seen if it will actually happen.

My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?

Best,

If they accepted the expedite request, you should get the EAD in your hands within 2-3 weeks.

You cannot work with an expired EAD. Legally, you can work from the day when the renewal EAD gets approved. Some employers insist the production of physical EAD to allow us to continue working. Some employers (few) allow you to work, if the EAD application has been approved. It is not advisable/legal to work when your current EAD is expired and the new one has not yet approved.

You do not have to quit your job. You can go on leave/vacation, if you have leave balance. Else you can go on "Leave without Pay". You do not have to leave the country in no circumstances, because your status is "Adjustment of Stats/I-485 Pending" which in no way gets affected by the expiry of the EAD. If it is not going to come on time, you just have to enjoy one or two weeks of vacation.

Talk to your HR regarding the different options.

pappu
10-19-2010, 02:22 PM
Thanks. I did contact USCIS and they have accepted my request to expidite the cast. It is to be seen if it will actually happen.

My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?

Best,

Check for past updates on the EAD delays thread. IV had contacted USCIS on EAD delays faced by our members.
Some new updates are also posted for donor members only.

karthikgk
10-19-2010, 02:40 PM
Check for past updates on the EAD delays thread. IV had contacted USCIS on EAD delays faced by our members.
Some new updates are also posted for donor members only.

Pappu,

Sorry to sound dumb (but I think I am at this point for having applied for my renewal so late) but would you please provide me the link to the EAD renewal thread that you referred? Also, please let me know if there is a seperate link for paid members and I will access that too (my wife's username has a paid membership)

Thanks,

coolmanasip
10-19-2010, 03:23 PM
If they accepted the expedite request, you should get the EAD in your hands within 2-3 weeks.

You cannot work with an expired EAD. Legally, you can work from the day when the renewal EAD gets approved. Some employers insist the production of physical EAD to allow us to continue working. Some employers (few) allow you to work, if the EAD application has been approved. It is not advisable/legal to work when your current EAD is expired and the new one has not yet approved.

You do not have to quit your job. You can go on leave/vacation, if you have leave balance. Else you can go on "Leave without Pay". You do not have to leave the country in no circumstances, because your status is "Adjustment of Stats/I-485 Pending" which in no way gets affected by the expiry of the EAD. If it is not going to come on time, you just have to enjoy one or two weeks of vacation.

Talk to your HR regarding the different options.

Are you sure about the leave? Are you sure if we can use the leave accrued? I was under the impression that you had to go off the payrol ? Please confirm.

realizeit
10-19-2010, 04:33 PM
Are you sure about the leave? Are you sure if we can use the leave accrued? I was under the impression that you had to go off the payrol ? Please confirm.

Yes. You should not do any work, that's the key. You do not have to go off the payroll. After using all the accrued leave, you may have to go on "Leave without pay" or "short-work break".