Working on EAD

[RMS_V13]

Hi all, our EAD expires Feb 23rd 2013
My EAD renewal RD is 12/13/12 and Notice date is 12/18/12.
We filed for change of address 12/4 and got acknowledged for the same
Just wondering if its too late to get the card in time
Any link between EAD proc time and address change

TSC

Can I work with the Ead notice incase I don't get it on time
Sorry wrong thread but will delete

[GCKnowHow]

I think you can't work with just notice. But you can call up helpline number and expedite the process. But I would say wait till Jan end before calling them.

Hi all, our EAD expires Feb 23rd 2013
My EAD renewal RD is 12/13/12 and Notice date is 12/18/12.
We filed for change of address 12/4 and got acknowledged for the same
Just wondering if its too late to get the card in time
Any link between EAD proc time and address change

TSC

Can I work with the Ead notice incase I don't get it on time
Sorry wrong thread but will delete

[bvsamrat]

This requires clarification. There may be a grace period after expiry date?? Experts! Please let us know

I think you can't work with just notice. But you can call up helpline number and expedite the process. But I would say wait till Jan end before calling them.

[Spectator]

This requires clarification. There may be a grace period after expiry date?? Experts! Please let us know

I'm replying from memory, but it is a subject I have researched previously.

It is not considered Authorized Employment to continue working on the basis of an EAD RENEWAL receipt.

Any time this happens will constitute Unauthorized Employment and count towards the 180 days allowed by 245(k).

An EAD RENEWAL receipt is not on the list of acceptable documents to fill in the new I-9.

The only EAD receipt where continued employment is allowed (it is a fairly limited duration) is a receipt for an EAD REPLACEMENT, where the existing EAD is still valid.

USCIS have previously mentioned changing the regulations to allow working based on an EAD RENEWAL receipt for up to 240 days, bringing it into line with the regulations for H1B. I haven't heard of any action on that.

[RMS_V13]

My husband started using his EAD/AP due to Canada travel for work.
However, his H1 B (I 129) is expiring only in Sep 2013

Can he go back to his H1 B incase our EAD does not arrive on time?

Thanks!

[Pundit Arjun]

Spec,

My EAD expires in April and we have applied for renewal couple days ago. When I re-entered US using my AP, the CBP officer gave an I-94 expiration date of 15-August.
Due to my reentry using AP, the attorney said that I am technically using my EAD and not my H1-B (which expires in 2015).
If i dont get the renewal by April, does it mean that I will be Out Of Status and legally cannot work ? Please help me understand.

~Arjun

[Spectator]

My husband started using his EAD/AP due to Canada travel for work.
However, his H1 B (I 129) is expiring only in Sep 2013

Can he go back to his H1 B incase our EAD does not arrive on time?

Thanks!

Spec,

My EAD expires in April and we have applied for renewal couple days ago. When I re-entered US using my AP, the CBP officer gave an I-94 expiration date of 15-August.
Due to my reentry using AP, the attorney said that I am technically using my EAD and not my H1-B (which expires in 2015).
If i dont get the renewal by April, does it mean that I will be Out Of Status and legally cannot work ? Please help me understand.

~Arjun

I think you are both entering the rather murky world of the Cronin Memo, the relevant part of which says:

4. If an H-1 or L-1 nonimmigrant has traveled abroad and reentered the United States via advance parole, the alien is accordingly in parole status. How does the interim rule affect that alien’s employment authorization?

A Service memorandum dated August 5, 1997, stated that an “adjustment applicant’s otherwise valid and unexpired nonimmigrant employment authorization …is not terminated by his or her temporary departure from the United States, if prior to such departure the applicant obtained advance parole in accordance with 8 CFR 245.2(a)(4)(ii).” The Service intends to clarify this issue in the final rule. Until then, if the alien’s H-1 or L-1 employment authorization would not have expired, had the alien not left and returned under advance parole, the Service will not consider a paroled adjustment applicant’s failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H-1 or L-1 employer between the date of his or her parole and the date to be specified in the final rule.

It seems reasonably clear that if the person DOES NOT use the EAD and has a valid H1B petition (and was in H1B status at the time they departed the USA), then they will not be considered to have engaged in Unauthorized Employment.

It doesn't specifically address the situation where the person (was in H1B status when departing and) DOES use the EAD upon return and it subsequently expires, but they still have an underlying valid H1B petition.

Even within that, does "H-1 or L-1 nonimmigrant" just mean they have an approved petition, or does it mean the person should have been in H1 or L1 status at the time they left the USA? (hence the brackets). I suspect the latter, since otherwise they would not be an "H1 or L1 nonimmigrant traveling abroad". The phrase suggests status.

I don't know the answers and I don't want to speculate on them.

RMS_V13,

He can certainly return to H1B status, but that would involve leaving the USA and being readmitted using a valid H1B visa. An H1B extension would also accomplish this, but his expiry date is more than 6 months from the time the EAD expires, so I don't think that is an option.

Hopefully, this is academic and the EADs will be received before expiry.

[qesehmk]

Spec - I dont understand the leaving US part. I think that is not required. Since my understanding is status can be obtained without leaving US.

He can certainly return to H1B status, but that would involve leaving the USA and being readmitted using a valid H1B visa. An H1B extension would also accomplish this, but his expiry date is more than 6 months from the time the EAD expires, so I don't think that is an option.

[Spectator]

Spec - I dont understand the leaving US part. I think that is not required. Since my understanding is status can be obtained without leaving US.

Only if an H1B extension is granted.

Since the last entry was not in non-immigrant status, COS is not possible.

[qesehmk]

I am not sure that he had any other status than dual status of H1/AOS Pending.

So with loss of EAD all he has to do is use H1 work authorization. I don't even think H1 status is lost at all.

Only if an H1B extension is granted.

Since the last entry was not in non-immigrant status, COS is not possible.

[Spectator]

I am not sure that he had any other status than dual status of H1/AOS Pending.

So with loss of EAD all he has to do is use H1 work authorization. I don't even think H1 status is lost at all.

In that scenario it comes down to whether use of EAD automatically terminates H1B status or whether a COS is required to regain it from "AOS Pending". I am not entirely sure, but Ron Gotcher has previously said it needs a COS request (assuming the person was last admitted to the USA in non-immigrant status). I agree that, if the person has not worked for anyone other than their H1B sponsor, it would seem sensible that changing the basis of the I-9 back to the H1B would be enough. I do not know whether the sensible view is the correct view!

Concerning this thread, RMS_V13 said

My husband started using his EAD/AP due to Canada travel for work.

and

Pundit Arjun said

When I re-entered US using my AP, the CBP officer gave an I-94 expiration date of 15-August.

so both appear to have used Advance Parole and are therefore Parolees.

[Pundit Arjun]

Thanks a ton for your replies, Spec and Q.

I will also email the attorney and will let you and the forum know her response.

[Pundit Arjun]

Thanks a ton for your replies, Spec and Q.

I will also email the attorney and will let you and the forum know her response.

Attorney's response : You are not out of status in the AOS stage just because you may not have a valid EAD card. You should however not be working without a valid EAD card in hand

[RMS_V13]

What should we do at the 90th day mark since filing for EAD renewal?

Is it 90 days from Receipt Date or Notice Date?

How long does it take to get this temp card?

[RMS_V13]

Wanted to let everyone know that I (dependent) got my approval email today, exactly a month from RD.
No email yet about the Primary.

Anyway..At least mine is now complete.

What should we do at the 90th day mark since filing for EAD renewal?

Is it 90 days from Receipt Date or Notice Date?

How long does it take to get this temp card?

[RMS_V13]

So sorry for posting this here, the relevant forums does not seem to have enough audience. Will re-post in the correct forum once someone helps me

So, Filed EAD renewal 60 days before expiry. Dependent (Mine) EAD/AP Card Document ordered 30 days from RD. Primary EAD/AP still in Initial Review.

Anyone in same situation, but got both Primary and Secondary EAD/AP together?

[qesehmk]

I remember in our case - sometimes we never received any notice or anything. Directly received the cards in the mail.

So sorry for posting this here, the relevant forums does not seem to have enough audience. Will re-post in the correct forum once someone helps me

So, Filed EAD renewal 60 days before expiry. Dependent (Mine) EAD/AP Card Document ordered 30 days from RD. Primary EAD/AP still in Initial Review.

Anyone in same situation, but got both Primary and Secondary EAD/AP together?