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  #1 (permalink)  
Old 07-17-2008, 03:40 PM
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Default EAD expiring on July 31st, Called USCIS

My wife is currently working on EAD which expires on July 31st. I e-filed for renewal on May 31st, did the FP on 6/10. So far, no approval. I called USCIS to expedite the case as she will not be able to work after July 31st and this is what I have been told.

“USCIS advises to file I-765 Extention atleast 60 before the current one expires. Since you have done that and you already have the receipt for renewal, you should not have problem to continue to work”

I was surprised and told her that I read at a lot of places that my wife needs to stop working. She put me on hold for a long time and came back with

“If her EAD is already expired, then no one would obviously hire her. But if she is already working on EAD and she has receipt showing she filed before 60 days of expiry, she can continue to work. If her employer has any issues, ask them to call us and we can clarify the issue”

This is a real surprise and good news.
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  #2 (permalink)  
Old 07-17-2008, 03:54 PM
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Default

If this is true, relief from a lot of heartburn indeed. But do the employers know (or care) about this rule?
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  #3 (permalink)  
Old 07-17-2008, 04:15 PM
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Default This should be the right procedure

in line with what happens with H1 renewal, transfer etc.

But there has to be some official memo or announcement from USCIS to confirm this. What date will you write on I-9 after current EAD expiry?
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  #4 (permalink)  
Old 07-17-2008, 04:44 PM
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Default

I agree on both points.
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  #5 (permalink)  
Old 07-17-2008, 05:20 PM
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Quote:
Originally Posted by acs_78 View Post
My wife is currently working on EAD which expires on July 31st. I e-filed for renewal on May 31st, did the FP on 6/10. So far, no approval. I called USCIS to expedite the case as she will not be able to work after July 31st and this is what I have been told.

“USCIS advises to file I-765 Extention atleast 60 before the current one expires. Since you have done that and you already have the receipt for renewal, you should not have problem to continue to work”

I was surprised and told her that I read at a lot of places that my wife needs to stop working. She put me on hold for a long time and came back with

“If her EAD is already expired, then no one would obviously hire her. But if she is already working on EAD and she has receipt showing she filed before 60 days of expiry, she can continue to work. If her employer has any issues, ask them to call us and we can clarify the issue”

This is a real surprise and good news.
This is awesome. i am in the same boat..working on EAD and dont think i will get my renewal before the current ead expires. think it will be a good idea to check with our attorney though.
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  #6 (permalink)  
Old 07-17-2008, 05:26 PM
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Default To add to the original post..

The USCIS representative repeated the same (as in the original post of this thread) and pointed me to I-9 form that employers use for 'employment eligibility verification'.

http://www.uscis.gov/files/form/I-9.pdf

One the first page ...

Section 2, Employer: For the purpose of completing this form, the term "employer" means all employers including those recruiters and referrers for a fee who are agricultural associations, agricultural employers or farm labor contractors. Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days.


I guess this is same as "h1 b" renewal situation.

I am not sure whether we should inform our EMPLOYERS about the situation and have them double check before they 'react' to the situation(if arises).
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  #7 (permalink)  
Old 07-17-2008, 05:29 PM
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Default

I wouldn't trust the customer service rep who provided this information. They just want to get you off the call, but giving BS. Murthy has stressed in her weekly Q/A that you need EAD renewal to work.

I am in a similar situation where i applied renewal back in 1st week of May and there's nothing yet. Ppl who applied more than a month after me are seeing approvals. I called USCIS and got the same BS...u need to patient and ur case is within processing times (which is March 2008) stated on their website. I couldn't argue with her that ppl who applied a month after me are getting approvals. It's just pathetic....don't know for how long i can take this crap...given that GC seems years away.
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  #8 (permalink)  
Old 07-17-2008, 05:30 PM
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Default

Quote:
Originally Posted by acs_78 View Post
My wife is currently working on EAD which expires on July 31st. I e-filed for renewal on May 31st, did the FP on 6/10. So far, no approval. I called USCIS to expedite the case as she will not be able to work after July 31st and this is what I have been told.

“USCIS advises to file I-765 Extention atleast 60 before the current one expires. Since you have done that and you already have the receipt for renewal, you should not have problem to continue to work”

I was surprised and told her that I read at a lot of places that my wife needs to stop working. She put me on hold for a long time and came back with

“If her EAD is already expired, then no one would obviously hire her. But if she is already working on EAD and she has receipt showing she filed before 60 days of expiry, she can continue to work. If her employer has any issues, ask them to call us and we can clarify the issue”

This is a real surprise and good news.
I doubt if they tell you the same answer when you call them again. Customer service just says what comes to their mind, dont make decisions based on phone conversation unless they say things like these in writing.
I would ask you to try expediting the case by going to infopass. It may work real quick.
I wish they come up with a memo like they said above to relieve all of us.
The general understanding among attornies is that you have to stop working if your EAD is not renewed on time. Correct me if Im wrong.
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  #9 (permalink)  
Old 07-17-2008, 05:43 PM
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Default Sent an email to Attorney.

I will post what they got to say on this.

We have to 'raise' this concern upfront with our employers/lawyers and be sure of policy on working (or not) after current EAD has expired.

I have not transferred my H1 B with my new employer (who actually don't transfer H1B when EAD is available).

Quote:
Originally Posted by shantak View Post
I doubt if they tell you the same answer when you call them again. Customer service just says what comes to their mind, dont make decisions based on phone conversation unless they say things like these in writing.
I would ask you to try expediting the case by going to infopass. It may work real quick.
I wish they come up with a memo like they said above to relieve all of us.
The general understanding among attornies is that you have to stop working if your EAD is not renewed on time. Correct me if Im wrong.
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  #10 (permalink)  
Old 07-17-2008, 06:46 PM
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Default

Quote:
Originally Posted by acs_78 View Post
My wife is currently working on EAD which expires on July 31st. I e-filed for renewal on May 31st, did the FP on 6/10. So far, no approval. I called USCIS to expedite the case as she will not be able to work after July 31st and this is what I have been told.

“USCIS advises to file I-765 Extention atleast 60 before the current one expires. Since you have done that and you already have the receipt for renewal, you should not have problem to continue to work”

I was surprised and told her that I read at a lot of places that my wife needs to stop working. She put me on hold for a long time and came back with

“If her EAD is already expired, then no one would obviously hire her. But if she is already working on EAD and she has receipt showing she filed before 60 days of expiry, she can continue to work. If her employer has any issues, ask them to call us and we can clarify the issue”

This is a real surprise and good news.
I wouldn't rely on what the customer service rep told you over the phone. In case the rep is incorrect, you and your spouse are the ones who would be in trouble. You can be sure that USCIS will take NO responsibility for what the rep told you.

As some of the others have mentioned, I do not think your spouse should work once her EAD is expired and the renewal has yet to be approved.

I would suggest that you consult with your attorney on this matter instead of relying on the USCIS rep.

Last edited by mhtanim; 07-17-2008 at 09:52 PM.
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  #11 (permalink)  
Old 07-17-2008, 06:51 PM
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Default

Quote:
Originally Posted by acs_78 View Post
“USCIS advises to file I-765 Extention atleast 60 before the current one expires. Since you have done that and you already have the receipt for renewal, you should not have problem to continue to work”
USCIS CSR is wrong- If your wife does that then she is in deep trouble (unauthorized employment).
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  #12 (permalink)  
Old 07-17-2008, 07:17 PM
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Default EAD not received.

Quote:
Originally Posted by mhtanim View Post
I wouldn't rely on what the customer service rep told you over the phone. In case rep is not correct, you and your spouse are the ones who would be in trouble. You can be sure that USCIS will not NO responsibility for what the rep told you.

As some of the others have mentioned, I do not think your spouse should work once her EAD is expired and the renewal has yet to be approved.

I would suggest that you consult with your attorney on this matter instead of relying on the USCIS rep.
My EAD is approved and I have not received the card in the mail yet after 23 days. What can I do ? Can I work as my EAD is approved ?
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  #13 (permalink)  
Old 07-17-2008, 07:30 PM
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Default

If employees are authorized to workbut are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days.




This is NOT same as h1b renewal. The key word is "employees are (otherwise )authorized to work"

AOS pending doesn't confer authorization to work.EAD does. Upon expiry of current EAD the authorization ceases.
That wording is applicable where you have work authorization without EAD but unable to produce docs

Us citizen without ssn, K1 visa holders and probably asylum seekers and odd cases like lost EAD or lost GC will benefit from such flexibility

For H1 the rule is clearly laid out without ambiguity. Unless such memo is issued for EAD I think it would be illegal to work
The uscus rep may not have realized your EAD is.eb based. It may be true for other clases of EAD
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Last edited by surabhi; 07-17-2008 at 11:29 PM.
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  #14 (permalink)  
Old 07-17-2008, 07:33 PM
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Default

Quote:
Originally Posted by acs_78 View Post
My wife is currently working on EAD which expires on July 31st. I e-filed for renewal on May 31st, did the FP on 6/10. So far, no approval. I called USCIS to expedite the case as she will not be able to work after July 31st and this is what I have been told.

“USCIS advises to file I-765 Extention atleast 60 before the current one expires. Since you have done that and you already have the receipt for renewal, you should not have problem to continue to work”

I was surprised and told her that I read at a lot of places that my wife needs to stop working. She put me on hold for a long time and came back with

“If her EAD is already expired, then no one would obviously hire her. But if she is already working on EAD and she has receipt showing she filed before 60 days of expiry, she can continue to work. If her employer has any issues, ask them to call us and we can clarify the issue”

This is a real surprise and good news.
Do you know if these calls are recorded ? Did you write down the rep ID ?
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  #15 (permalink)  
Old 07-17-2008, 07:44 PM
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Default Waived Filing Fee

Today I saw on my online bank account that USCIS has deducted $340 EAD filing fee for me and my wife. I found our SRC numbers on the check images available online. Using that SRC nos, I tracked our status. For me it is showing following msg. But for my wife's status it is showing normal msg.

"we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION and request that we waive the filing fee. We have waived the filing fee and mailed you a notice describing how we will process your case. Please follow any instructions on this notice."

I am confused now, why they waived my filing fee. Also if they are waiving my fee why not my wife's.

Our I485 receipt date is 1st week of Aug 2007, which is after July 30 filing fee schedule. But last year I paid old amount.

I am confused and if they are waiving my fee then why they deducted in first place. And Happy too if I get my money back.
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