Should I Quit My Job Coz of USCIS Sluggishness

[satyam 0]

Hi All,

I am One of the victims whose Name figures in the Top List of Peole waiting for Name Check Pending

(Married USC 3 yrs Ago and My I-485 is Dated Back on 6/25/04 and Still Not Been Approved Even After 2 Years..The LAst Updated was 08/16/04 After Bio Metrics And Ever Since Its Pending...Thats Other story)

As of Yesterday My 2 EAD expired And I Applied for 3 One on 05/15 and Gave Finger Prints on 05/19 still No Progress on It,When I looked at NewOrlens Processing Time Line Its Now Processing April '06 Applicants.

My Employer has Not Asked Me for the New Card ..What I am Afraid is If I quit The Job The Chance of Getting Such Good Job Might Take A While..My Father in Law is a Paster and he Is More worried about legality..I Don't Know what to do..I am the Only Bread winner of the Family of 3 Barley survivng from Pay check to Pay Check ..I Thought About 90+ Days thing which will be on 08/16 ..I could not Get a Info Pass that day I got Only on 08/21.

I Know USCIS bear No responsibility for Causing Grief to the Families..They simply say its FBI delaying.. Their part is done long Back..So Far IMy I-485 Pending did not Hinder Me from working..Now I Have to sit at Home And Do Job Search which I hate it.. If BCBS cut My Sons Insurence for Not turning in the Bill On Time I Don't Know How i am Gonna Act..Please Kindly Advice

Thanks ALL

Satya

[Kez/JWolf 6]

If your employer asks for the new card you can show hin the NOA for it and you have 90 days to produce the actual card.... to comply with the I-9 form...

You do not have to give up your job....

Have you contacted your congressman about the unacceptible delay with your AOS case... I would seek their help in getting this resolved...

Good Luck

Kezzie

[satyam 0]

If your employer asks for the new card you can show hin the NOA for it and you have 90 days to produce the actual card.... to comply with the I-9 form...

Sorry Maam..I did not get You. what You Meant By I have 90 Days To Produce my Actual Card.

[allynella 0]

Showing the receipt to your employer tells them that you are waiting on the renewed card. Then, you will have 90 days from then to show them the actual card. By then, you should have either received new card in the mail, or your infopass appointment would have come up, and hopefully interim EAD card issued. There is no need to quit your job. Wow! That is a long time for FBI check!

Edited August 9, 2006 by allynella

[sanaay 0]

In my experience (3 EADs in all) my employer was not interested in seeing the NOA. They wanted the actual card so I would have to stop working until I got the new card. This was after I printed and showed them what the USCIS website said. It is the employer's responsibility to track when work documents expire.

[Yodrak 7]

Kezzie,

satyam writes that her EAD has expired. Her EA expired with it, as of now she is not employment authorized.

I-9 says that one can show evidence of having applied for a required document and then have 90 days to show the document if they are employment authorized. Note also that I-765 is not an application for an EAD (except perhaps in the case of an (a)(6)), it is an application for EA.

Subtle but perhaps significant, and the employer's responsibility to implement.

Yodrak

If your employer asks for the new card you can show hin the NOA for it and you have 90 days to produce the actual card.... to comply with the I-9 form...

....

Kezzie

Edited August 9, 2006 by Yodrak

[Bosco 1]

I spoke to an officer who told me basically the same thing Yodrak has written.

He also said that the I-9 covers the employer, not the employee.

[Kez/JWolf 6]

I stand corrected..... sorry for the bad info....

Kezzie

[sjoefl01 1]

I would certainly work until I was fired. There is no reason to alert your employer that you are not legal to work.

It is a shame what you have been through but if I were you I would not stop working until I was dragged from the job site. Keep a low profile and work hard. You are not required to report your status to your employer.

[satyam 0]

I Took Off For whole Next Week So that I Can on 08/21 Go To My District Office, The Million Dollar Question that Is Bothering Me is Am I Gaurenteed to recv a Interim Work Permit if its Past 90+ days?

Please Use this As Helpful Hint SO here after who Ever Is Applying for Renewal EAD Apply before 90 Days Due to Expiry Dont take Any Chances( I am fooled coz My Earlier two EADs I recvd in 30 & 50 Days)

Satya

[Hilarious Clinton 452]

I would certainly work until I was fired. There is no reason to alert your employer that you are not legal to work.

It is a shame what you have been through but if I were you I would not stop working until I was dragged from the job site. Keep a low profile and work hard. You are not required to report your status to your employer.

ditto. I always choose feeding my family first.

[zixuandavid 0]

I would be more concerned about the impact on the AOS than the employer... if the adjudicating officer finds out that you worked when not work authorized in the US, what's that going to do to your ability to a green card ...

[NigerLA 1]

You are guaranteed an interim EAD after ninety days from filing your original EAD request. However, be prepared for a long wait to get this processed, I would suggest that you get there as early as possible to get this done. They will have to run a background check on you and take all NOA with you.

I sympathize with you and I know how frustrating it is right now, hopefully this will be over soon.

[Yodrak 7]

zixuandavid,

Nothing.

Yodrak

I would be more concerned about the impact on the AOS than the employer... if the adjudicating officer finds out that you worked when not work authorized in the US, what's that going to do to your ability to a green card ...

[I'm Gone 60]

Kezzie,

satyam writes that her EAD has expired. Her EA expired with it, as of now she is not employment authorized.

I-9 says that one can show evidence of having applied for a required document and then have 90 days to show the document if they are employment authorized. Note also that I-765 is not an application for an EAD (except perhaps in the case of an (a)(6)), it is an application for EA.

I had called the Office of Business Liaison an asked about that at one time and the 90 days is if you are replacing a lost or damaged card that was still valid, not when you are waiting for your work authorization to be intially issued or newed after it's expired.