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  #1 (permalink)  
Old 06-15-2010, 10:43 PM
Member
Priority Date
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Feb-03
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EB3
I140 Mailed Date
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01/01/2005
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Default Expediting EAD Renewal, EAD renewal delay impact

Hello :

My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.

If I don't receive my new EAD card by July 28, 2010, then

1) Will/Should I stop working?

2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?

3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?

4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?

Any response to these questions will be highly appreciated.

Thanks!
__________________
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I-140 Approved, 485 Filed
Contributed $375 so far
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  #2 (permalink)  
Old 06-16-2010, 10:43 AM
Senior Member
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Default mmm..... catch a lawyer

1) yes stop working
2) if they send you an RFE for job during the time that you are out of eligibility and you cannot prove an offer of full time employment, your 485 could be denied. But, this is a grey area... some say you just need an offer. others say you need to have a job...
3) if you work without ead, you will be working illegally.
4) by law, you have to show original documents to your employer regarding work authorization. so, you need to have the card in hand... but if you dont and your case hinges on that little technical gap, you may be able to argue in court that you were authorized to work, hence legal, but you have committed an erroneous i-9 submission (is that a crime? i dont know).

even i am in a situation thats a little bit like yours, my ead expires aug 10 and i applied for renewal on june 17th. so i could possibly face a 7 day gap in work authorization (i hope not).

hope this helps.

Quote:
Originally Posted by kc_p21 View Post
Hello :

My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.

If I don't receive my new EAD card by July 28, 2010, then

1) Will/Should I stop working?

2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?

3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?

4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?

Any response to these questions will be highly appreciated.

Thanks!
__________________
--------------
PD: Mar 2005
Cat: EB2
I-140 AD: Jan 2008
I-485 RD: July 20 2007
I-485 ND: Sept 29 2007
EAD: on second EAD
have used AC21
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  #3 (permalink)  
Old 06-16-2010, 06:40 PM
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Default

Hi Chi_Shark,

I didnt get your analysis on "so i could possibly face a 7 day gap in work authorization". I am also eagerly waiting for my EAD but I was curious what makes you think about a gap of 7 days. Is it 'coz you complete 60 days of filing on Aug 17th and urs expires on 10th. But why 60 days, I thought it has to be 90 days before a request can be made for interim EAD. Please correct me if I am wrong.

Thanks!
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  #4 (permalink)  
Old 06-16-2010, 06:58 PM
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Default Thanks

Chi_shark for your response.

According to my lawyer, I can go on vacation (paid or unpaid) during the gap.

Thanks
__________________
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I-140 Approved, 485 Filed
Contributed $375 so far
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  #5 (permalink)  
Old 06-17-2010, 01:52 PM
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Default

Quote:
Originally Posted by manuseeksgc View Post
Hi Chi_Shark,

I didnt get your analysis on "so i could possibly face a 7 day gap in work authorization". I am also eagerly waiting for my EAD but I was curious what makes you think about a gap of 7 days. Is it 'coz you complete 60 days of filing on Aug 17th and urs expires on 10th. But why 60 days, I thought it has to be 90 days before a request can be made for interim EAD. Please correct me if I am wrong.

Thanks!
you are right! i obviously got the application date wrong. I applied on may 17th - not on june 17th as i previously wrote.
__________________
--------------
PD: Mar 2005
Cat: EB2
I-140 AD: Jan 2008
I-485 RD: July 20 2007
I-485 ND: Sept 29 2007
EAD: on second EAD
have used AC21
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  #6 (permalink)  
Old 06-17-2010, 01:54 PM
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Default thats goood

Quote:
Originally Posted by kc_p21 View Post
Chi_shark for your response.

According to my lawyer, I can go on vacation (paid or unpaid) during the gap.

Thanks
thats good... thanks for the update, i would not mind going on a 7 day vacation myself if i come to your situation... enjoy yours.
__________________
--------------
PD: Mar 2005
Cat: EB2
I-140 AD: Jan 2008
I-485 RD: July 20 2007
I-485 ND: Sept 29 2007
EAD: on second EAD
have used AC21
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  #7 (permalink)  
Old 06-23-2010, 11:22 PM
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Default

Same here.

I applied on May 18th and my EAD expires on Aug 10th. There were three SLUDs in a row two weeks after I applied, and there is no update after that.

Did you notice any LUDs in your case? Are you still waiting for a decision? Please update.

Quote:
Originally Posted by chi_shark View Post
you are right! i obviously got the application date wrong. I applied on may 17th - not on june 17th as i previously wrote.
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  #8 (permalink)  
Old 06-24-2010, 06:56 AM
Senior Member
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Yes I am still waiting. No luds other than the ones for supporting documents.


Quote:
Originally Posted by copsmart View Post
Same here.

I applied on May 18th and my EAD expires on Aug 10th. There were three SLUDs in a row two weeks after I applied, and there is no update after that.

Did you notice any LUDs in your case? Are you still waiting for a decision? Please update.
__________________
--------------
PD: Mar 2005
Cat: EB2
I-140 AD: Jan 2008
I-485 RD: July 20 2007
I-485 ND: Sept 29 2007
EAD: on second EAD
have used AC21
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  #9 (permalink)  
Old 06-24-2010, 09:38 AM
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Default

If the EAD does not come in time. I have a strong feeling that you can take leave without pay or with pay.
Paid leave is a benefit. You earn the leave ( 1.5 day every month you worked legally). The salary you get during paid leave is not the salary of the day you worked. It is a benefit you received when you worked during your legal stay. Hence I do not feel that one have to be leave without pay. For example if you get your tax refund when your EAD is expired. We should reject the refund?
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  #10 (permalink)  
Old 06-24-2010, 05:28 PM
Senior Member
Priority Date
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Default

i dont think the question is about earning a paycheck. The question is about being employed or not. Perhaps it could also be termed as "being working" or not.

Quote:
Originally Posted by bijualex29 View Post
If the EAD does not come in time. I have a strong feeling that you can take leave without pay or with pay.
Paid leave is a benefit. You earn the leave ( 1.5 day every month you worked legally). The salary you get during paid leave is not the salary of the day you worked. It is a benefit you received when you worked during your legal stay. Hence I do not feel that one have to be leave without pay. For example if you get your tax refund when your EAD is expired. We should reject the refund?
__________________
--------------
PD: Mar 2005
Cat: EB2
I-140 AD: Jan 2008
I-485 RD: July 20 2007
I-485 ND: Sept 29 2007
EAD: on second EAD
have used AC21
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