Some good news working after EAD expires

[journeyhelper 0]

I hope this will be some good news for those on this board with the same situation. I called the NSC and they transfered me to an Immigration Officer, this man was very competent and helpful, he said he has been an officer for over 26 years.

According to him if your EAD has expired you can continue to work for 90 days with the receipt from the EAD renewal, which hopefully will give enough time for the new card to arrive. This comes from the I-9 Handbook M274 Page 12 Question 6. He also said an employer can get a copy of this handbook by calling 1 800 870-3676.

I feel pretty confident that this man knows what he is talking about, but I am sure some of the older board members can check this out. He also advised me to ask for an immigration officer when I call the NSC

[Jenn! 918]

I hope this is true!

Although many here on VJ have INSISTED quite adamantly that you must not work after the temp EAD expires and before your I-765 is approved.

Thanks for the reference.

[journeyhelper 0]

My son-in-law did not have a temporary EAD, his had expired after a year and he has applied for his renewal but not received it yet. So I do not know how this would apply to a temporary work permit through say JFK.

[Jenn! 918]

My son-in-law did not have a temporary EAD, his had expired after a year and he has applied for his renewal but not received it yet. So I do not know how this would apply to a temporary work permit through say JFK.

From what you said earlier, it seems irrelevant if a temp EAD was issued. Aren't you saying that you are technically allowed to work for the 90 days following the I-765 receipt notice?

[journeyhelper 0]

To be clear Ali applied for and received his EAD over a year ago. His AOS is approved but waiting for the background check. So his EAD expired on February 8, 2006. He was hoping the AOS would come before it expired but it didn't so he applied for a renewal EAD in January 2006 and of course it has not arrived yet. The immigration officer said he can work with the receipt of his renewal for 90 days, which I hope will give enough time for the renewal card to arrive.

I do not know if this applies to temporary EAD, my advice would be to call NSC and ask for an immigration officer to find out if this applies to temporary permits. FYI when you call 1 800 press 1,2,1 to get a person. Be prepared to wait, and call early in the morning if possible.

[Jenn! 918]

Thanks for clarifying. Too bad. This rule must be applicable only to renewal EADs, not originals.

[Kez/JWolf 6]

Yep this rule only applies to people who have received their 1 year EAD and it has expired and they are waiting for a renewal to arrive....

This does not apply to Temp EAD for K1 that you get at POE... they have to stop work and wait the approval and reciept of their 1 year EAD...

Kezzie

[Yodrak 7]

journeyhelper,

I'm not about to debate the USCIS officer you spoke with, in part because neither his opinion nor mine makes much difference. Employers are responsible to document their employees authorization status and keep track of it, employers are subject to penalties for their failure to do so, so it's the employer's interpretation that is going to determine if the employee can continue working.

If the employer will allow the employee to continue working during the situation where the previous EA has expired and new EA has yet to be granted - or the employer does not realize that the employee is in such a situation and does nothing - great, keep working if you wish to do so. If the employer will not allow the employee to continue working while in this situation, good luck debating the issue with them.

I will point out that the item referenced is clear that the employee must be employment authorized, the 90 days is the allowed time in which to obtain a document that is evidence of employment authorization. The 90 days is not a period of time allowed to obtain employment authorization. The handbook can be found here < http://uscis.gov/graphics/lawsregs/handbook/hand_emp.pdf >.

Yodrak

I hope this will be some good news for those on this board with the same situation. I called the NSC and they transfered me to an Immigration Officer, this man was very competent and helpful, he said he has been an officer for over 26 years.

According to him if your EAD has expired you can continue to work for 90 days with the receipt from the EAD renewal, which hopefully will give enough time for the new card to arrive. This comes from the I-9 Handbook M274 Page 12 Question 6. He also said an employer can get a copy of this handbook by calling 1 800 870-3676.

I feel pretty confident that this man knows what he is talking about, but I am sure some of the older board members can check this out. He also advised me to ask for an immigration officer when I call the NSC

Edited February 22, 2006 by Yodrak