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Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

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  #1 (permalink)  
Old 06-28-2008, 05:21 PM
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Default Can i work if EAD is not renewed within time

I filed my 485/EAD/AP last year july. My current EAD expires on Sep 10th, but i have not yet filed for renewal. I plan to file on June 30th. If my EAD renewal is not approved by Sep 10th, can i still work on Sep 11th? If not what are my options?

What are the chances that USCIS will be flooded with EAD apps, due to the new 2 yr EAD rule and hence will be unable to approve my EAD by sep 10?

Other info:
1.I used AC21 and changed employer in Jan 2008, but have not fiiled for AC21 yet(have not informed USCIS of the change in job/address),
2. My address has changed (from NJ to MA) from my the one on 485/EAD/AP
3. I'm working on EAD and do not have H1.
4. my last H1 expired in Sep 2007

Gurus, Please advice.
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  #2 (permalink)  
Old 06-28-2008, 06:13 PM
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As far as I know you cannot work without an approved EAD.
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  #3 (permalink)  
Old 06-28-2008, 06:46 PM
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Quote:
Originally Posted by EB3_SEP04 View Post
I filed my 485/EAD/AP last year july. My current EAD expires on Sep 10th, but i have not yet filed for renewal. I plan to file on June 30th. If my EAD renewal is not approved by Sep 10th, can i still work on Sep 11th? If not what are my options?

What are the chances that USCIS will be flooded with EAD apps, due to the new 2 yr EAD rule and hence will be unable to approve my EAD by sep 10?

Other info:
1.I used AC21 and changed employer in Jan 2008, but have not fiiled for AC21 yet(have not informed USCIS of the change in job/address),
2. My address has changed (from NJ to MA) from my the one on 485/EAD/AP
3. I'm working on EAD and do not have H1.
4. my last H1 expired in Sep 2007

Gurus, Please advice.
One can't work during gap of EAD.

If you are working with some employer, you must have given I-9. The I-9 has to be updated again and that will show gap. An employer is not legally allowed to pay during that GAP.

USCIS will be defenetely flooded by EAD/AP requests. USCIS is trying to work faster, which resulted into 1 year EAD (because got approved before Jun 30).

If you are working on EAD, what advise you need, you might be already late and risking gap in employment.
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  #4 (permalink)  
Old 06-28-2008, 07:05 PM
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One of my friends was in the same situation as you and he was allowed to work. He had filed for renewal late and did not get his EAD in time. The company in question is a fortune 500 company.The attorney advised the employer that as along as he has applied for the EAD and he has receipt notices to that effect, he can work. The employer just needed to keep proof of the fact that he had applied for an EAD before its expiration (receipt notice, biometrics notices etc).

I would suggest you speak to an independent qualified attorney.
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  #5 (permalink)  
Old 06-28-2008, 07:16 PM
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Quote:
Originally Posted by EB3_SEP04 View Post
I filed my 485/EAD/AP last year july. My current EAD expires on Sep 10th, but i have not yet filed for renewal. I plan to file on June 30th. If my EAD renewal is not approved by Sep 10th, can i still work on Sep 11th? If not what are my options?

What are the chances that USCIS will be flooded with EAD apps, due to the new 2 yr EAD rule and hence will be unable to approve my EAD by sep 10?

Other info:
1.I used AC21 and changed employer in Jan 2008, but have not fiiled for AC21 yet(have not informed USCIS of the change in job/address),
2. My address has changed (from NJ to MA) from my the one on 485/EAD/AP
3. I'm working on EAD and do not have H1.
4. my last H1 expired in Sep 2007

Gurus, Please advice.

If 90 days have passed since you have filed for EAD renewal and EAD card has not been approved etc. you can go to local USCIS office and apply and get Intrim EAD card with limited validity.

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  #6 (permalink)  
Old 06-28-2008, 07:22 PM
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Suppose I am working on EAD and my EAD is expiring on 10th Oct. If I apply say on 1st Sep and I still didn't get it after 10th Oct.

Will I be in Status? and can we work between the period we get our renewed EAD?

Someone above says that we can still work. But can we be in status?
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  #7 (permalink)  
Old 06-28-2008, 07:34 PM
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Chantu,

EAD does not give you status it is just a work authorization. So not having an EAD does not make you out of status since your status is "Adjusting status" untill your GC decision is not made. So no worries here.

The worry is that you will not be able to work during the gap from Oct 11th to you get the card in your hand. I don't know how the employer let the employee work (in above post) but AFAIK, this is illegal. As per USCIS rule, you can't even work based on the approval email, you need to have card physically in your hands.
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  #8 (permalink)  
Old 06-28-2008, 07:37 PM
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Quote:
Originally Posted by ebizash View Post
Chantu,

EAD does not give you status it is just a work authorization. So not having an EAD does not make you out of status since your status is "Adjusting status" untill your GC decision is not made. So no worries here.

The worry is that you will not be able to work during the gap from Oct 11th to you get the card in your hand. I don't know how the employer let the employee work (in above post) but AFAIK, this is illegal. As per USCIS rule, you can't even work based on the approval email, you need to have card physically in your hands.
I got it. Thanks!
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  #9 (permalink)  
Old 06-28-2008, 07:38 PM
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Default

Quote:
Originally Posted by EB3_SEP04 View Post
I filed my 485/EAD/AP last year july. My current EAD expires on Sep 10th, but i have not yet filed for renewal. I plan to file on June 30th. If my EAD renewal is not approved by Sep 10th, can i still work on Sep 11th? If not what are my options?

What are the chances that USCIS will be flooded with EAD apps, due to the new 2 yr EAD rule and hence will be unable to approve my EAD by sep 10?

Other info:
1.I used AC21 and changed employer in Jan 2008, but have not fiiled for AC21 yet(have not informed USCIS of the change in job/address),
2. My address has changed (from NJ to MA) from my the one on 485/EAD/AP
3. I'm working on EAD and do not have H1.
4. my last H1 expired in Sep 2007

Gurus, Please advice.

If you pass 90Days, You can go to Immigration office and get temporary EAD
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  #10 (permalink)  
Old 06-28-2008, 07:44 PM
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Quote:
Originally Posted by ebizash View Post
The worry is that you will not be able to work during the gap from Oct 11th to you get the card in your hand. I don't know how the employer let the employee work (in above post) but AFAIK, this is illegal. As per USCIS rule, you can't even work based on the approval email, you need to have card physically in your hands.
Very nicely explained - you can work for the duration written on EAD. Lawyer telling anything else will put in trouble.

BTW lawyers might put people in trouble.

Last edited by Dhundhun; 06-28-2008 at 08:04 PM.
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  #11 (permalink)  
Old 06-28-2008, 08:44 PM
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Default What are other options?

Quote:
Originally Posted by Dhundhun View Post
One can't work during gap of EAD.

If you are working with some employer, you must have given I-9. The I-9 has to be updated again and that will show gap. An employer is not legally allowed to pay during that GAP.

USCIS will be defenetely flooded by EAD/AP requests. USCIS is trying to work faster, which resulted into 1 year EAD (because got approved before Jun 30).

If you are working on EAD, what advise you need, you might be already late and risking gap in employment.
Thanks Dhundhun!
If i don't get EAD by Sep 10, i'll have to wait another 18 days before i can go to the local office for interim EAD. During that GAP What are other options? Will any of the following work? which one sounds safest/easiest?
1. Apply for H1 transfer (last H1 with prev employer expired in sep 2007)
2. I have Canada GC and my Employer ("one of the top 3 job web-sites in US") has offices in Canada and India. I guess my employer can transfer me to Canada/India office on paper, and i can continue to work here (Our India brach people do come here sometimes for support).
3. Go on UNPAID Leave (not sure becaues this still means i'm Employed)
4. Could the GAP in employment -vely affect my 485 processing/approval?

-Also, does the 90 day counter start from the data i mail out I765 or it's when USCIS recieve or from the Receipt notice date?

-For now i'm planning to file only my EAD. My wife's EAD and our APs will be filed later. is there any advantage of filing ALL together?

- Which method is faster for EAD now a days: E-filing or Paper based?

Again Folks, Thanks for your input.
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Last edited by EB3_SEP04; 06-28-2008 at 09:09 PM.
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  #12 (permalink)  
Old 06-28-2008, 09:02 PM
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Quote:
Originally Posted by EB3_SEP04 View Post
Thanks Dhundhun!
If i don't get EAD by Sep 10, i'll have to wait another 18 days before i can go to the local office for interim EAD. During that GAP What are other options? Will any of the following work? which one sounds safest/easiest?
1. Apply for H1 transfer (last H1 with prev employer expired in sep 2007)
2. I have Canada GC and my Employer ("one of the top 3 job web-sites in US") has offices in Canada and India. I guess my employer can transfer me to Canada/India office on paper, and i can continue to work here (Our India brach people do come here sometimes for support).
3. Go on Paid Leave (not sure becaues this still means i'm Employed)

-Also, does the 90 day counter start from the data i mail out I765 or it's when USCIS recieve or from the Receipt notice date?

-For now i'm planning to file only my EAD, my wife's EAD and our APs will file later. is there any advantage of filing them together?

- Which method is faster for EAD now a days: E-filing or Paper based?

Again Folks, Thanks for your input.
#1 - I am not sure
#2 - OK, you need to get paid outside USA. (my feeling is that this will become disturbing period - so taking foreign assignment will be more difficult)
#3 - I doubt, that will be possible.

To keep your own I-485 troublefree and employer trouble free, you must not work in GAP. But you can work Sat/Sun before expiry and Sat/Sun after getting EAD, if job is like that. I am in R&D - if I need to take off during week days, I work in weekends.

So the way I feel #2 mentioned above and compensating for hours lost during the period you could not work should be OK. Let's get more input for experts on this.
==============
90 days will be counted from receipt date.
You can file your wife's case later. It makes no difference.
Right now paper based avarage processing time is 15-30 days, e-fling take more than 50 days. However exceptions are there.

Right now, you have 70 days. Hope for the best and good luck to you

Last edited by Dhundhun; 06-28-2008 at 09:09 PM.
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  #13 (permalink)  
Old 06-28-2008, 09:03 PM
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I would suggest you take an appointment with your local office and explain your situation. For all you know they might help you speed up the case (or help you instantly with Interim card - who knows?).
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Old 06-28-2008, 09:15 PM
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Originally Posted by Aah_GC View Post
I would suggest you take an appointment with your local office and explain your situation. For all you know they might help you speed up the case (or help you instantly with Interim card - who knows?).
Yep, that's the plan. From my past experiences, most people are generally nice and willing to help, if they can. Will give it shot. Thanks!
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  #15 (permalink)  
Old 06-28-2008, 10:22 PM
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Default Correct

EBIZASH is correct.

EAD does not give any status, whether you are using EAD or Not, you are in I485 pending status. During adjudication if USCIS ask for employment verification, you should be in a position to provide such document with same or similar job description.

Working without work authorization during gap is ILLEGAL.
Quote:
Originally Posted by ebizash View Post
Chantu,

EAD does not give you status it is just a work authorization. So not having an EAD does not make you out of status since your status is "Adjusting status" untill your GC decision is not made. So no worries here.

The worry is that you will not be able to work during the gap from Oct 11th to you get the card in your hand. I don't know how the employer let the employee work (in above post) but AFAIK, this is illegal. As per USCIS rule, you can't even work based on the approval email, you need to have card physically in your hands.
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