EAD not going to be renewed?

[andru 0]

When I entered the country, I made an apt with USCIS and they gave me a an employment authorization card that lasts until my K1 expired. She said that I need to pay antoher fee and they will give me a new one when I apply for my AoS (which I did - submitted the form too).

I got a letter yesterday saying that they needed additional tax form information (which we DID submit, have copies- but thats beside the point), and that I am ineligible for employment auth. until 90 days AFTER the missing info is received.

My problem: I already have a job and am working!! I assumed that I would get a new card after I did my AOS! Why give me a employment card if only to revoke it! What happens if I just continue working? I mean what do I tell my employer?

I dont know why she issued my one and sent me off to get my SS #, did they think I wasn't goign to use it to get a job?

Anyone had experience with this?

[Reba 2]

talk to the HR manager where you work, they should have some information about the employment laws and can probably figure it out.

[frndly1 1]

Andru,

I am sorry you are going thru this but anyone that got a 90 work permitt is in the same boat as you are. You are not suppose to work after your temp card has expired. The faster you get the information in that they requested the faster you can get your EAD.

My husband is going thru the same thing as you are and he is not working and quit before his temp work authorization expired.

Let the company you work for know about the immigration process and see if they will hold your job for you until you get notification that your EAD is approved or your EAD Card in hand (which is the right thing to do).

Good luck

When I entered the country, I made an apt with USCIS and they gave me a an employment authorization card that lasts until my K1 expired. She said that I need to pay antoher fee and they will give me a new one when I apply for my AoS (which I did - submitted the form too).

I got a letter yesterday saying that they needed additional tax form information (which we DID submit, have copies- but thats beside the point), and that I am ineligible for employment auth. until 90 days AFTER the missing info is received.

My problem: I already have a job and am working!! I assumed that I would get a new card after I did my AOS! Why give me a employment card if only to revoke it! What happens if I just continue working? I mean what do I tell my employer?

I dont know why she issued my one and sent me off to get my SS #, did they think I wasn't goign to use it to get a job?

Anyone had experience with this?

[Kez/JWolf 6]

The EAD you got when you entered is only valid for 90 days.... you can not renew this EAD... you have to file for a 1 year EAD with or after you file for AOS... the 2 EAD's are not linked and Yes you are ment to stop working when your Temp EAD expires...

Because you got a RFE the timeframe for you to get your 1 year EAD starts from when they receive the information they have asked for... so this will slow down you receiving the 1 year EAD...

I can not tell you what to do with regards your employer other than tell the truth or it could cost you more than just your job....

Kezzie

Edited July 26, 2006 by Kezzie

[Yodrak 7]

andru,

You don't have to tell your employer anything unless and until they ask you something. Then answer their question.

It's an employer's responsibility to keep track of their employee's EA status, and as a practical matter it's their a$$ that's on the line not yours.

Yodrak

... I mean what do I tell my employer?

...

[rob&ana 0]

I am not sure about this... and I dont have the official links, but there is a thread here with some answers to your questions.

As I understood from that thread, the USCIS local office told them that if you have your NOA for the EAD application, you can still keep working after the 90 days of your first EAD.

In some cases, the delay caused by the RFE is not too bad, specially if it was just the re-submittal of an information already sent.

If I were you, I'd go to my local USCIS office and ask them, explain the situation and ask which is the best way to solve your problem. Tell them that you heard such and such and you want to check that this is true.

And as Yodrak says, dont tell your employer... yet. Wait a bit because things "might" solve before you know.

Good luck.

Ana

I found something...

Hope this helps... EAD

In your case, since you have your temp EAD you are authorized to work, so all you have to do is show your NOA for the EAD, and you'd be in trouble, only if you are not able to produce your EAD after 90 days.

Good luck!

[Kez/JWolf 6]

I found something...

Hope this helps... EAD

In your case, since you have your temp EAD you are authorized to work, so all you have to do is show your NOA for the EAD, and you'd be in trouble, only if you are not able to produce your EAD after 90 days.

Good luck!

His temp EAD can not be renewed and expires at the end of the 90 days.... he has not applied for a renewal EAD with AOS he has applied for his first EAD with AOS.... the quoted info is for people who have already held a 1 year EAD and because they are still waiting to get AOS approved they need to renew their EAD..... it is not for people who have a temp EAD from a K1 visa and are waiting for EAD from AOS.....

Kezzie

[Yodrak 7]

Once an EAD expires the holder is no longer authorized to work until new EA has been given, whether it was K1-based EA or AOS-based EA. A Receipt Notice for I-765 does not continue a person's EA status, only approval of the I-765 does.

Yodrak

I found something...

Hope this helps... EAD

In your case, since you have your temp EAD you are authorized to work, so all you have to do is show your NOA for the EAD, and you'd be in trouble, only if you are not able to produce your EAD after 90 days.

Good luck!

His temp EAD can not be renewed and expires at the end of the 90 days.... he has not applied for a renewal EAD with AOS he has applied for his first EAD with AOS.... the quoted info is for people who have already held a 1 year EAD and because they are still waiting to get AOS approved they need to renew their EAD..... it is not for people who have a temp EAD from a K1 visa and are waiting for EAD from AOS.....

Kezzie

[andru 0]

I appreciate you input everyone, thank you!

I spoke with the HR person here at my office and she gave me the number of the companies lawyer. I also have an apt for my biometrics on Aug 1st, perhaps I can raise hell there and find a loophole... or at least an alternate way to get an EAD (ie NATO treaties or something).

Will update thread when I get an answer for others who may encounter a similar problem.