EAD

[NiceGrL 0]

Question - If I don't receive my employment renewal in time before the expiration date, can I use the receipt notice to prove eligibility to continue to work until I get my actual card? Please advise. Thanks!

[Yodrak 7]

NiceGrL,

The Receipt Notice does not prove eligibility, it only shows that you've applied to renew your employment authorization. Perhaps more important, between the time that your previous employment authorization expired and the time that your renewal employment authorization is approved you are not employment authorized.

Yodrak

Question - If I don't receive my employment renewal in time before the expiration date, can I use the receipt notice to prove eligibility to continue to work until I get my actual card? Please advise. Thanks!

[Dr_LHA 3]

Question - If I don't receive my employment renewal in time before the expiration date, can I use the receipt notice to prove eligibility to continue to work until I get my actual card? Please advise. Thanks!

I asked a similar question to my work about my H1-B expiring before I got my EAD, they said the following:

When your H1-B expires, you can sign a new I-9 form and give us your NOA for the EAD. You are then given 90 days from signing the I-9 to produce your actual EAD. So essentially I'm getting another 90 days on top of the approximately 100 days I have between my EAD application being recieved by USCIS and my H1-B running out.

Your employer may work differently, but I believe that the 90 days to prove eligibility rule comes from the I-9 form itself. My employer is a University so they tend to be a bit smarter when it comes to visa stuff. However I don't know if this rule applies when you're already working on an EAD.

Edited July 7, 2006 by dr_lha