EAD: Can I start to work after I get my NOA1???

[Carol&Marc 0]

Ok, I know what the rules are and I understand that.

But not long ago, here on VJ, there was a girl with a gap between the EAD she got at the POE and the real EAD.

It was mentioned that she would keep working just by showing her NOA1 for the EAD, what means she could work and have a timeframe to show the EAD for the employer (90 days). Someone also posted a law saying about it and was mentioned that it would be the employer option to accept that law or not.

Here is the question: This would apply for my case = I didnt get EAD at POE, and where could I find that law??? I searched on the IRS website but could not find...

Im just especulating to see if I could work earlier, but Im already conformed with the 90 days wait...

Thanks for any advice,

Carol

[Jenn! 918]

The law to which you are referring applies to a gap between an EAD and a renewal EAD. As the POE stamp does not count as an actual EAD, this law does not apply.

Sorry, you'll have to wait.

[luv2teach77 41]

Ditto to that...

Showing proof that you have applied to renew an existing EAD is totally different from proving that you have applied for an initial EAD.

I'm afraid that until you have the EAD in hand you cannot work... simple as that !!

Mark

[Carol&Marc 0]

Thanks folks!!!

Carol

[Yodrak 7]

jenn,

Yes, the employment authorization stamp issued at a POE is an "actual EAD".

As to the regulation that people are writing about in this thread, it says "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."

Note the opening "IF".

Note also that when an EAD expires, be it a 90-day K1 EAD (the stamp or the card) or a 1-year EAD based on AOS (the card), and new or renewal EA has not yet been approved, the person is no longer authorized to work.

Yodrak

The law to which you are referring applies to a gap between an EAD and a renewal EAD. As the POE stamp does not count as an actual EAD ....

Sorry, you'll have to wait.

Edited May 16, 2006 by Yodrak

[americangirl 0]

Hmm...don't mean to hijack, but a quick question about this. My husband is authorized to work through the end of this month based on an F-1 OPT visa. We received our NOA1 for the AOS-based EAD. Of course, this is not a renewal EAD, as the OPT is non-renewable (more or less).

BUT, under the regulation Yodrak cited, might he be allowed to work through the 90-day period after his current EAD expires, as long as he can present an EAD at the end of that 90-day period? (He has a job that is being "held" while he's between EADs, but obviously for financial reasons it would be super-amazing if he could actually get paid during that time...!)

Edited May 17, 2006 by americangirl

[Yodrak 7]

americangirl,

Is he somehow authorized to work after his current EA expires? If so, the regulation I quoted says that he has 90 days to produce a document that confirms that he is EA.

If he is not authorized to work after his current EA expires, then the regulation I quoted does not apply to him. The opening phrase of the regulation is quite clear, "If employees are authorized to work..."

Yodrak

Hmm...don't mean to hijack, but a quick question about this. My husband is authorized to work through the end of this month based on an F-1 OPT visa. We received our NOA1 for the AOS-based EAD. Of course, this is not a renewal EAD, as the OPT is non-renewable (more or less).

BUT, under the regulation Yodrak cited, might he be allowed to work through the 90-day period after his current EAD expires, as long as he can present an EAD at the end of that 90-day period? (He has a job that is being "held" while he's between EADs, but obviously for financial reasons it would be super-amazing if he could actually get paid during that time...!)

Edited May 17, 2006 by Yodrak

[Jenn! 918]

How can one be authorized to work and not have an EAD? I'm confused. I thought the law was that if you've applied for a renewal EAD and you have not received it before the expiration of your original EAD, then you may show your NOA1 from your renewal EAD application instead. Please clarify.

What I meant by POE stamp not being an actual EAD was that when you apply for your EAD at the same time as your AOS, that is your initial EAD, rather than the POE stamp.

jenn,

Yes, the employment authorization stamp issued at a POE is an "actual EAD".

As to the regulation that people are writing about in this thread, it says "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."

Note the opening "IF".

Note also that when an EAD expires, be it a 90-day K1 EAD (the stamp or the card) or a 1-year EAD based on AOS (the card), and new or renewal EA has not yet been approved, the person is no longer authorized to work.

Yodrak

The law to which you are referring applies to a gap between an EAD and a renewal EAD. As the POE stamp does not count as an actual EAD ....

Sorry, you'll have to wait.

[Yodrak 7]

jenn,

Start by recognizing the difference between EA and EAD.

The I-765 can be approved but the EAD not yet received, the EAD can be lost, it can be stolen. There are a number of ways that a person can be EA but not be in possession of an EAD.

How can one be authorized to work and not have an EAD? I'm confused.

The law is as I quoted it - if a person is EA but does not have an EAD they have 3 days to produce evidence that they have applied for the EAD and 90 days to produce the EAD itself.

If a person who is EA applies to renew their EA, but their existing EA expires before the renewal is approved, are they EA during the period after the existing EA has expired and before the renewal has been granted?

I thought the law was that if you've applied for a renewal EAD and you have not received it before the expiration of your original EAD, then you may show your NOA1 from your renewal EAD application instead. Please clarify.

...

Yodrak

jenn,

Yes, the employment authorization stamp issued at a POE is an "actual EAD".

As to the regulation that people are writing about in this thread, it says "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."

Note the opening "IF".

Note also that when an EAD expires, be it a 90-day K1 EAD (the stamp or the card) or a 1-year EAD based on AOS (the card), and new or renewal EA has not yet been approved, the person is no longer authorized to work.

Yodrak

The law to which you are referring applies to a gap between an EAD and a renewal EAD. As the POE stamp does not count as an actual EAD ....

Sorry, you'll have to wait.

[sanaay 0]

Having an NOA showing renewal of EAD will only be relevant for continuing to work if the employer is willing to accept it as proof. Some prefer to wait until the physical card is presented.

[Yodrak 7]

sanaay,

True.

And people should recognize that the NOA that shows renewal of EA is the Approval Notice, not the Receipt Notice.

Yodrak

Having an NOA showing renewal of EAD will only be relevant for continuing to work if the employer is willing to accept it as proof. Some prefer to wait until the physical card is presented.

[americangirl 0]

americangirl,

Is he somehow authorized to work after his current EA expires? If so, the regulation I quoted says that he has 90 days to produce a document that confirms that he is EA.

If he is not authorized to work after his current EA expires, then the regulation I quoted does not apply to him. The opening phrase of the regulation is quite clear, "If employees are authorized to work..."

Yodrak

Short answer: No. Once his current EAD expires he'll have the same status as someone who had never had an EAD.

BUT, this brings up the question: Some people seem to be approved for their EAD, and then it takes a little while to actually get the card. If you're already approved, and have proof of that, then can't you work without the actual card as long as you can produce it within 90 days?

[Yodrak 7]

americangirl,

Yes. You've got it now!

Yodrak

americangirl,

Is he somehow authorized to work after his current EA expires? If so, the regulation I quoted says that he has 90 days to produce a document that confirms that he is EA.

If he is not authorized to work after his current EA expires, then the regulation I quoted does not apply to him. The opening phrase of the regulation is quite clear, "If employees are authorized to work..."

Yodrak

Short answer: No. Once his current EAD expires he'll have the same status as someone who had never had an EAD.

BUT, this brings up the question: Some people seem to be approved for their EAD, and then it takes a little while to actually get the card. If you're already approved, and have proof of that, then can't you work without the actual card as long as you can produce it within 90 days?