EAD Renewal 245 (k)

[tuesdaysgone 0]

Hey all, I was wondering if anyone has had experience with renewal of their EAD?

My situation, my I-130 and I-485 is still processing my original EAD card is going to expire mid August. I currently work full time.

I'm aware you are supposed to renew the EAD 90 days prior to the current EAD expiring. However in my case due to certain reasons I applied for my EAD 60 days prior to the current EAD expiring. On June 14th I received the I797 Notice of action and the Senators office said that the EAD is pending. I doubt I will have to complete the biometrics again as it has been one year.

My concern is if the EAD does not arrive in time I don't want to have to resign from my job.

Now the first response from most people will be is that I am supposed to resign in order not to work unauthorized.

I've read on numerous forums from other peoples experiences that I would not have to resign from my position based on Section 245(k) of the Immigration act.

I've read the actual legislation and it basically it says

"An alien is eligible for I-485 application under 245(k) if the unauthorized stay relating to the overstay and the unauthorized employment did not last 180 days or longer "since the last admission" to the United States. Accordingly, if you had the unauthorized employment lasted less than 180 days, the USCIS may approve the I-485 application based on 245(k) provision.

The 245(k) rule provides that even the ineligibility of I-485 for the reasons provided in 245©(8), the alien would still be eligible for I-485 application if the alien meets the requirements in 245(k). So you should take advantage of 245(K) benefit that makes I-485 eligible if the unauthorized employment or unlawful status did not last more than 180 days since the latest admission to the United States.

Those who can file the I-485 timely under 245(K) should cease employment before it reaches 180 days and wait for the EAD approval. Record keeping will be extremely important in this case."

I was wondering if anyone has been in the same position while an I485 is processing?

[belinda63 3,038]

Totally disregarding whether it would be legal for you to continue working with an expired EAD you must think of your employer. Will they permit you to continue working with no valid work authorization? Will they be willing to risk fines for have an unauthorized worker?

Big question for you (other than working unauthorized which it sounds like you have already decided to do) is will your employer permit it.