EAD

[rncarterjm 0]

when i submit my I-764 [EAD] AND MY I-485 after receiving a receipt that they got my forms can i use the receipt to apply for a job stating that i am just waiting on the "official" EAD

[Kez/JWolf 6]

You can not start work until you have been approved for EAD.... you employer will need to see the EAD to complete form I-9....

There is nothing to stop you applying for jobs you just cant accept employment until you have your EAD...

Kezzie

[Waiting in Vancouver 6]

You can not start work until you have been approved for EAD.... you employer will need to see the EAD to complete form I-9....

There is nothing to stop you applying for jobs you just cant accept employment until you have your EAD...

Kezzie

I totally agree with Kezzie ... A few weeks ago I agreed to a proposal a company sent to me ... My starting date is dependant of me receiving work authorization and/or green card ... A few days ago I was talking to my future boss and he was asking questions regarding the fact if I could start before getting the EAD or GC (I told him that I didn't think it was possible but I scanned all the info, like NOAs, K-1 Visa ect. and emailed it over to him) ... So he had his HR person do some digging around (including contacting immigration) and they finally came to the same conclusion that they have to wait till I am authorized ...

On the I-9 it states:

"If employees are authorized to work, but are unable to present the required document(s) within three (3) business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days."

From the research that I and my future boss did, it appears that the 90 days they are talking is only good for when a person has lost, stolen or renewing their documents (work authorization or green card) not for the first application like you would be doing with K-1 / K-3.

Unfortunately, it looks like you would have to wait to start working until after you receive your authorization unless you find an employer who is willing to let you start.

[Jasman0717 9]

You can not start work until you have been approved for EAD.... you employer will need to see the EAD to complete form I-9....

There is nothing to stop you applying for jobs you just cant accept employment until you have your EAD...

Kezzie

[Yodrak 7]

rncarterjm,

Sure, but be aware that you are waiting for more than your EAD (official or otherwise). You are also waiting to become EA. The former is more important than the latter, because you do not need to have the EAD in hand to start working but you do need to be EA.

Yodrak

when i submit my I-764 [EAD] AND MY I-485 after receiving a receipt that they got my forms can i use the receipt to apply for a job stating that i am just waiting on the "official" EAD

[Yodrak 7]

Waiting in Vancouver and Kezzie,

Hard to say whether I agree with you two or not, because you both seem to be using the concepts of EA and EAD interchangeably.

The portion of the I-9 instruction that Waiting quotes is key. If a person is EA, they can start working and have 3 days to show evidence that they applied for an EAD (easily done with the I-765 Receipt Notice) and 90 days to show the EAD itself. So one does not need to wait until the card arrives in the mail to start working, they only need something to show when the I-765 was approved such as a printout of the Online Status notice or an e-mail notification.

Yodrak

You can not start work until you have been approved for EAD.... you employer will need to see the EAD to complete form I-9....

There is nothing to stop you applying for jobs you just cant accept employment until you have your EAD...

Kezzie

I totally agree with Kezzie ... A few weeks ago I agreed to a proposal a company sent to me ... My starting date is dependant of me receiving work authorization and/or green card ... A few days ago I was talking to my future boss and he was asking questions regarding the fact if I could start before getting the EAD or GC (I told him that I didn't think it was possible but I scanned all the info, like NOAs, K-1 Visa ect. and emailed it over to him) ... So he had his HR person do some digging around (including contacting immigration) and they finally came to the same conclusion that they have to wait till I am authorized ...

On the I-9 it states:

"If employees are authorized to work, but are unable to present the required document(s) within three (3) business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days."

From the research that I and my future boss did, it appears that the 90 days they are talking is only good for when a person has lost, stolen or renewing their documents (work authorization or green card) not for the first application like you would be doing with K-1 / K-3.

Unfortunately, it looks like you would have to wait to start working until after you receive your authorization unless you find an employer who is willing to let you start.

[Kez/JWolf 6]

I checked this out with my local USCIS office, they told me that until you recive the EAD after your first application you can not start work... the on-line email saying your case was approved is not an approval notice... the approval notice is the letter that the card is attached to.... once you have got that you are Employment authorized... the statement on the I-9 is for people who have lost the EAD or are renewing an existing card....

Kezzie

[Yodrak 7]

Kezzie,

A person can work once they are EA and they are EA when the application is approved, without regard to how they find out that the application was approved.

Approval does not occur when the EAD is received, approval occurs before the card can be manufactured and the transmittal letter can be printed.

Yodrak

I checked this out with my local USCIS office, they told me that until you recive the EAD after your first application you can not start work... the on-line email saying your case was approved is not an approval notice... the approval notice is the letter that the card is attached to.... once you have got that you are Employment authorized... the statement on the I-9 is for people who have lost the EAD or are renewing an existing card....

Kezzie

[someitguy 0]

You CAN'T LEGALLY work without your EAD.

Period.

Wait, did I say that?

Ok Carry on.

[Kez/JWolf 6]

Kezzie,

A person can work once they are EA and they are EA when the application is approved, without regard to how they find out that the application was approved.

Approval does not occur when the EAD is received, approval occurs before the card can be manufactured and the transmittal letter can be printed.

Yodrak

I checked this out with my local USCIS office, they told me that until you recive the EAD after your first application you can not start work... the on-line email saying your case was approved is not an approval notice... the approval notice is the letter that the card is attached to.... once you have got that you are Employment authorized... the statement on the I-9 is for people who have lost the EAD or are renewing an existing card....

Kezzie

The problem come in how do you prove to an employer that you are EA if you have no EAD to show.... most wont accept an email that says its been approved as it could have been written by anyone.... most employers will want to wait for the EAD before they let you start work....

Kezzie

[LaL 418]

Yodrak, I see where a REPLACEMENT card needs to be provided up to 90 days in the FAQ on USCIS

Can I fire an employee who fails to produce the required document(s) within three (3) business days?

Yes. You can terminate an employee who fails to produce the

required document(s), or a receipt for a replacement document(s) (in the case of lost, stolen or destroyed documents), within three (3) business days of the date employment begins. However, you must apply these

practices uniformly to all employees. If an employee has presented a receipt for a replacement documen(s), he or she must produce the actual document(s) within 90 days of the date employment begins.

http://www.uscis.gov/graphics/howdoi/EEV.htm

However when looking specifically at RENEWALS, I do not see the verbiage of being allowed 90 days to produce the document:

vii) If an individual's employment authorization expires, the employer, recruiter or referrer for a fee must reverify on the Form I-9 to reflect that the individual is still authorized to work in the United States; otherwise the individual may no longer be employed, recruited, or referred. Reverification on the Form I-9 must occur not later than the date work authorization expires. In order to reverify on the Form I-9, the employee or referred individual must present a document that either shows continuing employment eligibility or is a new grant of work authorization. The employer or the recruiter or referrer for a fee must review this document, and if it appears to be genuine and relate to the individual, re-verify by noting the document's identification number and expiration date, if any, on the Form I-9 and signing the attestation by a handwritten signature or electronic signature in accordance with paragraph (i) of this section. (Amended 6/15/06; 71 FR 34510)

http://www.uscis.gov/lpBin/lpext.dll/inser...ame.htm&2.0

I also found this section regarding treatment of receipts:

(vi) Special rules for receipts. Except as provided in paragraph (B)(1)(iii) of this section, unless the individual indicates or the employer or recruiter or referrer for a fee has actual or constructive knowledge that the individual is not authorized to work, an employer or recruiter or referrer for a fee must accept a receipt for the application for a replacement document or a document described in paragraphs (B)(1)(vi)(B)((1) and (B)(1)(vi)©((1) of this section in lieu of the required document in order to comply with any requirement to examine documentation imposed by this section, in the following circumstances:

could you help me understand this as it looks like REPLACEMENTS (defined as lost, stolen, etc) can be submitted as you described, but RENEWALS are missing that verbiage.

[Yodrak 7]

Kezzie,

If the employer is uncomfortable about accepting a printout of an e-mail, perhaps the employer can be given the information necessary to check the Online Status themself?

In any particular situation it doesn't make any difference what most employers would do (and I myself don't know what most would do, having had experience with only a few). What's important is what the specific employer in question will do. If the employer is willing to accept that EA has been granted, the employee has 90 days to produce the EAD.

I suspect that in a situation where the employer is anxious to have this particular employee then the employer will tend to be more accomodating than in a situation where the employer doesn't much care.

Yodrak

The problem come in how do you prove to an employer that you are EA if you have no EAD to show.... most wont accept an email that says its been approved as it could have been written by anyone.... most employers will want to wait for the EAD before they let you start work....

Kezzie

Edited October 23, 2006 by Yodrak

[Yodrak 7]

lal_brandlow,

If notification of renewal has not been obtained by the date that the existing EA expires, the employee can expect to be out of work for a bit.

If some form of notification has been received, say for example an e-mail or Online Status update, then the employer looking at the notification can reasonable believe that the employee is EA and give them 90 days to show the EAD.

To answer Kezzie's assertion that an employee could fabricate such notification, when the EAD arrives it will have start and end dates on it. If the employee is found to have lied about when their EA was approved when the employer inspects the EAD I expect that such employee would quickly become an ex-employee.

Yodrak

....

However when looking specifically at RENEWALS, I do not see the verbiage of being allowed 90 days to produce the document:

vii) If an individual's employment authorization expires, the employer, recruiter or referrer for a fee must reverify on the Form I-9 to reflect that the individual is still authorized to work in the United States; otherwise the individual may no longer be employed, recruited, or referred. Reverification on the Form I-9 must occur not later than the date work authorization expires. In order to reverify on the Form I-9, the employee or referred individual must present a document that either shows continuing employment eligibility or is a new grant of work authorization. The employer or the recruiter or referrer for a fee must review this document, and if it appears to be genuine and relate to the individual, re-verify by noting the document's identification number and expiration date, if any, on the Form I-9 and signing the attestation by a handwritten signature or electronic signature in accordance with paragraph (i) of this section. (Amended 6/15/06; 71 FR 34510)

http://www.uscis.gov/lpBin/lpext.dll/inser...ame.htm&2.0

....

Edited October 23, 2006 by Yodrak