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  #1 (permalink)  
Old 09-20-2008, 08:50 PM
Junior Member
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ccppjava will become famous soon enough ccppjava will become famous soon enough
Unhappy EAD expired,company says no problem-Please advice

Hi friends,

My EAD is expired on 19 Sep.I recently joined a new project(@client place).My company(consulting company) says no problem to continue the project as I applied for EAD reniewal more than 90 days back and still waiting for the approval.

My options here:

1.Continue the project and get paid - But I am scared to continue the project and get paid asthis may Jeopardize my GC process if it is really illegal to work even though my EAD is expired.
2.Leave the project and wait for EAD approval(Donno how long it'll take for the approval).Once EAD gets approved look for new project. - In this worst economy it may be risk to leave the project , that too when we are heading towards last quarter.

FYI:I expedited the case,contacted CIS office couple of times through Infopass

I was just wondering about my employer's 90 days logic(In general my company follows the immigration law very strictly and hoping that they won't misguide me).

Friends please share your Ideas/advices , I donno what to do on next monday(Sep 22nd)(continue or discontinue)

Thanks In Advance
ccppjava

Last edited by ccppjava; 09-20-2008 at 09:20 PM.
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  #2 (permalink)  
Old 09-20-2008, 09:01 PM
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Jan-04
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11/10/2006
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mpadapa has a reputation beyond repute mpadapa has a reputation beyond repute mpadapa has a reputation beyond repute mpadapa has a reputation beyond repute mpadapa has a reputation beyond repute mpadapa has a reputation beyond repute mpadapa has a reputation beyond repute mpadapa has a reputation beyond repute mpadapa has a reputation beyond repute mpadapa has a reputation beyond repute mpadapa has a reputation beyond repute
Default

This topic has been heavily debated on the forum. U cannot work without a valid EAD on hand. Employer may say whatever he want, ultimately it is U'r legal status which will be in jeopardy.

Since U have legitimate reason please schedule an infopass and request them to expedite the process. Few of the folks who did that have received the EAD within couple of weeks. Until U get the EAD in hand U shouldn't work.



Quote:
Originally Posted by ccppjava View Post
Hi friends,

My EAD is expired on 19 Sep.I recently joined a new project.My company says no problem to continue the project as I applied for EAD reniewal more than 90 days back and still waiting for the approval.

My options here:

1.Continue the project and get paid - But I am scared to continue the project and get paid asthis may Jeopardize my GC process if it is really illegal to work even though my EAD is expired.
2.Leave the project and wait for EAD approval(Donno how long it'll take for the approval).Once EAD gets approved look for new project. - In this worst economy it may be risk to leave the project , that too when we are heading towards last quarter.

Friends please share your Ideas/advices , I donno what to do on next monday(Sep 22nd)(continue or discontinue)

Thanks In Advance
ccppjava
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  #3 (permalink)  
Old 09-20-2008, 09:11 PM
Member
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Oct-06
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gonecrazyonh4 is on a distinguished road
Default

Quote:
Originally Posted by ccppjava View Post
Hi friends,

My EAD is expired on 19 Sep.I recently joined a new project(@client place).My company(consulting company) says no problem to continue the project as I applied for EAD reniewal more than 90 days back and still waiting for the approval.

My options here:

1.Continue the project and get paid - But I am scared to continue the project and get paid asthis may Jeopardize my GC process if it is really illegal to work even though my EAD is expired.
2.Leave the project and wait for EAD approval(Donno how long it'll take for the approval).Once EAD gets approved look for new project. - In this worst economy it may be risk to leave the project , that too when we are heading towards last quarter.

FYI:I expedited the case,contacted CIS office couple of times through Infopass

Friends please share your Ideas/advices , I donno what to do on next monday(Sep 22nd)(continue or discontinue)

Thanks In Advance
ccppjava
Have you activated your EAD? or are you still on H1B Visa? If you not activated your EAD and is still working on your valid H1B you can continue working even if you appplied for and received your EAD card and it got expired. (Mentioning this aspect as I am wondering why any company would ask you to work without a current EAD)



But if you have been working on your EAD and it has expired it would be illegal to work without renewing it.
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  #4 (permalink)  
Old 09-20-2008, 09:14 PM
Junior Member
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Jul-05
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:
03/13/2006
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ccppjava will become famous soon enough ccppjava will become famous soon enough
Default

Quote:
Originally Posted by mpadapa View Post
This topic has been heavily debated on the forum. U cannot work without a valid EAD on hand. Employer may say whatever he want, ultimately it is U'r legal status which will be in jeopardy.

Since U have legitimate reason please schedule an infopass and request them to expedite the process. Few of the folks who did that have received the EAD within couple of weeks. Until U get the EAD in hand U shouldn't work.
Thanks for the answer , I was just hoping for the approval as I already expidited the process.Am I missing something.I was just wondering about my employer's 90 days logic(In general my company follows the immigration law very strictly and hoping that they won't misguide me).
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  #5 (permalink)  
Old 09-20-2008, 09:15 PM
Junior Member
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Jul-05
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ccppjava will become famous soon enough ccppjava will become famous soon enough
Default

Quote:
Originally Posted by gonecrazyonh4 View Post
Have you activated your EAD? or are you still on H1B Visa? If you not activated your EAD and is still working on your valid H1B you can continue working even if you appplied for and received your EAD card and it got expired. (Mentioning this aspect as I am wondering why any company would ask you to work without a current EAD)



But if you have been working on your EAD and it has expired it would be illegal to work without renewing it.
Yes I did activated my EAD.I lost my H1 status.
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  #6 (permalink)  
Old 09-20-2008, 09:53 PM
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Dec-06
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Default

Quote:
Originally Posted by ccppjava View Post
My options here:

1.Continue the project and get paid - But I am scared to continue the project and get paid asthis may Jeopardize my GC process if it is really illegal to work even though my EAD is expired.
2.Leave the project and wait for EAD approval(Donno how long it'll take for the approval).Once EAD gets approved look for new project. - In this worst economy it may be risk to leave the project , that too when we are heading towards last quarter.
ccppjava
Option 1: NO. Its illegal to work if you don't have EAD or if EAD expired. Apparently, your company guy does not know immigration rule. No EAD, no WORK. I'll repeat the same statement 1 million times. I suggest you take unpaid leave for couple of weeks, or until you get your renewed EAD. Its not worth to take this great risk when your are in the final stages of your GC process.

get this point: no EAD, no work.
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  #7 (permalink)  
Old 09-21-2008, 12:32 PM
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Default

This is waht I got from my lawyer for a paid consultation

actually lawyer told me that in the event ur EAD expires, there is a statute that you could be out of status for either 90 days or 6 months (she couldnt remember off the top..) and still be OK, granted taht you file a petition with INS and tehy will consider taht as NOT illegal as long as you were not out of status before and yo udont have any type of criminal cases on ur file so far..

iam inthe same status where iam moving to a new emplyer startting the 13th of oct and my ead expires on oct 30th...i e filed in NSC did FPs on sep 2nd..not sure tehy will take a expedited req from me...any ideas

hope this helps...

Last edited by ilikekilo; 09-21-2008 at 12:35 PM.
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  #8 (permalink)  
Old 09-21-2008, 12:44 PM
Junior Member
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Jul-05
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ccppjava will become famous soon enough ccppjava will become famous soon enough
Default

Quote:
Originally Posted by ilikekilo View Post
This is waht I got from my lawyer for a paid consultation

actually lawyer told me that in the event ur EAD expires, there is a statute that you could be out of status for either 90 days or 6 months (she couldnt remember off the top..) and still be OK, granted taht you file a petition with INS and tehy will consider taht as NOT illegal as long as you were not out of status before and yo udont have any type of criminal cases on ur file so far..

iam inthe same status where iam moving to a new emplyer startting the 13th of oct and my ead expires on oct 30th...i e filed in NSC did FPs on sep 2nd..not sure tehy will take a expedited req from me...any ideas

hope this helps...
As long as your AOS is pending you are in status - It doesn't matter whether is EAD is expired or not.


So you mean to say even if EAD is expired it is OK work :

1.as long as you are in status(means AOS is pending)
2.Your EAD renewal application is pending with USCIS
3.You don't have any criminal cases on ur file
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  #9 (permalink)  
Old 09-21-2008, 12:56 PM
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Default

Quote:
Originally Posted by ccppjava View Post
As long as your AOS is pending you are in status - It doesn't matter whether is EAD is expired or not.


So you mean to say even if EAD is expired it is OK work :

1.as long as you are in status(means AOS is pending)
2.Your EAD renewal application is pending with USCIS
3.You don't have any criminal cases on ur file
He is talking about section 245(K). Yes you can work and accure unauthorized employment upto a maximum of 180 days and still have your green card (I-485) approved. I dont know if you would want to do that. It is better to just take unpaid vacation or the other alternative being work without pay and see if your employer can give you a bonus at the end of the year.
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  #10 (permalink)  
Old 09-21-2008, 01:06 PM
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lvaka is on a distinguished road
Default Expedite request should solve it

I had run into similar situation. The call to customer support and creating a Expedited request giving them the reason of loosing job and heavy financial losses wud trigger a 5 day response to your Expedited request if it has crossed 90 day perriod.

So if u do that, am sure you would get a response in 5 business days. As others said, we will have a grace period of 6 months for not being on status and still work, that would not hinder our GC process. So we should try to keep those days minimum as much as possible coz we dont know how many more years and how many more EAD renewals it takes to get our GC.

Quote:
Originally Posted by ccppjava View Post
Hi friends,

My EAD is expired on 19 Sep.I recently joined a new project(@client place).My company(consulting company) says no problem to continue the project as I applied for EAD reniewal more than 90 days back and still waiting for the approval.

My options here:

1.Continue the project and get paid - But I am scared to continue the project and get paid asthis may Jeopardize my GC process if it is really illegal to work even though my EAD is expired.
2.Leave the project and wait for EAD approval(Donno how long it'll take for the approval).Once EAD gets approved look for new project. - In this worst economy it may be risk to leave the project , that too when we are heading towards last quarter.

FYI:I expedited the case,contacted CIS office couple of times through Infopass

I was just wondering about my employer's 90 days logic(In general my company follows the immigration law very strictly and hoping that they won't misguide me).

Friends please share your Ideas/advices , I donno what to do on next monday(Sep 22nd)(continue or discontinue)

Thanks In Advance
ccppjava
__________________
-Lalith

PD - Oct 2005 (EB3 )
I140 - Approved from Nebraska
485/AP/EAD - applied July 9th 07
EAD Approved Sept 18th 07
FP Notice Sept 20th 07
1st EAD Renewal Applied May 21st 08
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  #11 (permalink)  
Old 09-21-2008, 01:11 PM
Junior Member
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Jul-05
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:
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:
03/13/2006
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ccppjava will become famous soon enough ccppjava will become famous soon enough
Default

Quote:
Originally Posted by lvaka View Post
I had run into similar situation. The call to customer support and creating a Expedited request giving them the reason of loosing job and heavy financial losses wud trigger a 5 day response to your Expedited request if it has crossed 90 day perriod.

So if u do that, am sure you would get a response in 5 business days. As others said, we will have a grace period of 6 months for not being on status and still work, that would not hinder our GC process. So we should try to keep those days minimum as much as possible coz we dont know how many more years and how many more EAD renewals it takes to get our GC.
I already expedited the process.I'll have to followup and request for expediting the process again.
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  #12 (permalink)  
Old 09-21-2008, 01:19 PM
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Default Activate EAD Card???

What is the meaning of Activating EAD Card?
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  #13 (permalink)  
Old 09-21-2008, 02:22 PM
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sathish_gopalan can only hope to improve
Default Its doubtful

Our lawyer told that you can work as long as you are with the same employer who applied for your i485. The law is unclear as how it works when you have switched your employer or for spouse. Even immigration officers say that you can work.
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  #14 (permalink)  
Old 09-21-2008, 02:49 PM
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Default temp EAD

Quote:
Originally Posted by ccppjava View Post
Hi friends,

My EAD is expired on 19 Sep.I recently joined a new project(@client place).My company(consulting company) says no problem to continue the project as I applied for EAD reniewal more than 90 days back and still waiting for the approval..................
...................

..............Friends please share your Ideas/advices , I donno what to do on next monday(Sep 22nd)(continue or discontinue)

Thanks In Advance
ccppjava
The USCIS used to give out temporary EAD if your EAD application was pending for more than 90 days. All you had to do was make an infopass appointment, go to the local USCIS office and request for a temporary EAD on this basis. My friend did this several years ago - i remember this because i went with him to the USCIS office....
__________________
---------------
EB2-IN,
PD : Oct-28-05, TSC from NSC
RD : July-02-07
Online RD : Aug-23-07
LUD 10-27-07
NC not cleared as of July08 - Source INFOPASS
----------------
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  #15 (permalink)  
Old 09-21-2008, 02:57 PM
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ccppjava will become famous soon enough ccppjava will become famous soon enough
Default

Quote:
Originally Posted by sathish_gopalan View Post
Our lawyer told that you can work as long as you are with the same employer who applied for your i485. The law is unclear as how it works when you have switched your employer or for spouse. Even immigration officers say that you can work.
I am with same employer , but on EAD.IO@infopass office says you can't work 'LEGALLY'.
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