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missD

F-1 EAD about to expire, currently working fulltime, AOS EAD not here yet!

By missD in Working & Traveling During US Immigration

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Mononoke28 Grand Master

Mononoke28   135

Posted
Filed: Citizen (apr) Country: Colombia
 Timeline
Posted

It will depend on your Human Resources department on whether they catch it on time or not. They usually do and if that is the case, you will have to wait for your EAD to arrive to continue working.

:time:

Diana

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

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missD Rookie

missD   0

Posted
Filed: Country: Thailand
 Timeline
  • Author
Posted
It will depend on your Human Resources department on whether they catch it on time or not. They usually do and if that is the case, you will have to wait for your EAD to arrive to continue working.

:time:

Diana

Thank you for your reply Diana.

MY HR doesn't even know what an EAD is. Hopefully they won't catch it. What about when I do my interview? Will this cause any problems? Anyone else been through this?

Let me get home and I will file my timeline. I had a horrible biometrics experience! My fingerprints didn't show up and I had to do it all over again and it delayed everything!

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
Oh my gosh. What am I to do? I cannot quit now but can I continue working until it arrives? Please help!

Technically, the answer is that if you do not have current employment authorization you are not suppose to work.

FWIW, sometimes situations exist where you can be a bit more pragmatic...

YMMV

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Lili Rising Star

Lili   3

Posted
Filed: Citizen (pnd) Country: France
 Timeline
Posted (edited)

I am sorry to tell you but you are out of luck! You can explain the situation to your HR and ask them for an unpaid leave till you get your new EAD on hand.

I would go the honest, straightforward route.

My old place never caught on the fact that my old EAD expired, but if they asked me I had proof that I was authorized to work. Otherwise, I would have quit.

Don't hide the truth, it will come back and bite your butt!

Edited by Lili

AOS Approved on 10-17-08 (details in profile)

Removal of Conditions on 07-19-10

In this tedious process, we tend to forget that this is all worth it.

I love my hubby beyond anything in this world.

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
would it be wrong to work unpaid and then once my EAD arrives, I can just get back pay? Or I shouldn't be in a work place environment at all?

Thanks to all that have replied and given advice :)

Actually no, it is really no different, it would be the same to work all they through it.

YMMV

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Lili Rising Star

Lili   3

Posted
Filed: Citizen (pnd) Country: France
 Timeline
Posted

You cannot work or even volunteer in your field of work. I believe the penalty is $10,000 if USCIS ever find out.

AOS Approved on 10-17-08 (details in profile)

Removal of Conditions on 07-19-10

In this tedious process, we tend to forget that this is all worth it.

I love my hubby beyond anything in this world.

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w1331 Explorer

w1331   2

Posted
Filed: Other Country: Indonesia
 Timeline
Posted
would it be wrong to work unpaid and then once my EAD arrives, I can just get back pay? Or I shouldn't be in a work place environment at all?

Thanks to all that have replied and given advice :)

If you haven't received your EAD, you cannot legally working. If USCIS find out, your employer will be in trouble and get fined. However, you can volunteer (helping your employer and not getting paid). Getting paid later after you receive you receive your EAD is also considered as working since technically you're working (you just don't get paid right away).

Hope this help

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greencardinaz Contributor

greencardinaz   0

Posted
Filed: AOS (pnd) Timeline
Posted

I recently went through this same time crunch - my H1-B was expiring and I was still waiting for my EAD.

Based on attorney's advice and to ensure I was completely by the book, I made plans to terminate employment if I did not receive the EAD in time. My employer agreed to hire me back as soon as the EAD arrived. As it turned out, the EAD arrived in time and I didn't need to quit...For me personally, I'd alwasy rather err on the side of caution, then risk a fine, or deporation etc.

AOS (from h1-b)

Filed: 06/03/08

Received/Priority Date: 06/05/08

NOA1: 06/10/08

Biometrics: 07/03/08

EAD: 8/18/08

Interview: 10/22/08 - APPROVED!

Card Production Ordered: 10/22/08

Card Received: 11/3/08

ALL DONE TIL 2010!

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