The EAD gap trap

[Yodrak 7]

lore,

Not true.

At least she can't continue doing her present nursing job on a volunteer basis. Perhaps she could be a 'Candy Striper' in the interim.

Yodrak

She can "volunteer" to continue "working" as a nurse there.... if she is not receiving any pay she is actually not working just doing a volunteer job and still manage to keep her position.... the hospital may write a letter specifying that she is just a volunteer and when her EAD arrives she can be back on track again...

[blehhhh 0]

The thing is: The immigration lawyer working for the hospital says, it's okay for her to keep working during "the gap." No change in pay, employee status, benefits, etc. Work as usual until June 1, after which they will need to see other evidence of work authorization.

Is this really legal or is the hospital lawyer saying this because they are short-staffed? As far as we're concerned we're following what the lawyer says. However, if he happens to be wrong (and I don't understand why he's right), could this affect our AOS in the future?

[Chris W 0]

Many people (anonymous and otherwise) work through the EAD 'gap' and do not run into trouble with their AOS. Indeed, the UCSIS even say that AOS cannot be denied on the basis of working without EAD.

Whether or not you want to do that or if your employer will permit it are other matters. Some people show their employers this and their employers accept it:

Work authorization is automatically extended for 240 days for certain nonimmigrants who have filed an application for an extension of their work authorization. An INS receipt for a timely filed extension application may be used as proof of continuing work authorization for a period of 240 days. An employer must accept such a receipt as proof of continuing work authorization.

If an employee is unable to provide a required document within three business days of her or his hiring, the employee may present a receipt for the application for a replacement document within three business days of her or his hiring, but must present the required document within 90 days of her or his hiring. This rule does not apply when an employer reverifies employment authorization for current employees.

Different people interpret the rules differently & act differently based on that.

[Yodrak 7]

blehhh,

It's the employer who bears the risk of penalty here, if an issue develops over this. Your wife gets forgiveness with regard to her AOS as the wife of a USC.

Yodrak

The thing is: The immigration lawyer working for the hospital says, it's okay for her to keep working during "the gap." No change in pay, employee status, benefits, etc. Work as usual until June 1, after which they will need to see other evidence of work authorization.

Is this really legal or is the hospital lawyer saying this because they are short-staffed? As far as we're concerned we're following what the lawyer says. However, if he happens to be wrong (and I don't understand why he's right), could this affect our AOS in the future?

[frndly1 1]

I may be wrong but I thought this verbage only applied when one has an EAD that was applied for thru the AOS process. I dont think this applies to someone that got a Temp Work Authorization from JFK. Could someone please clarify this for me?

Thanks

kathy

Work authorization is automatically extended for 240 days for certain nonimmigrants who have filed an application for an extension of their work authorization. An INS receipt for a timely filed extension application may be used as proof of continuing work authorization for a period of 240 days. An employer must accept such a receipt as proof of continuing work authorization.

If an employee is unable to provide a required document within three business days of her or his hiring' date=' the employee may present a receipt for the application for a replacement document within three business days of her or his hiring, but must present the required document within 90 days of her or his hiring. This rule does not apply when an employer reverifies employment authorization for current employees.[/quote']

Different people interpret the rules differently & act differently based on that.