EAD expires soon.........

[Girona40 0]

My son's EAD expires in two weeks. This is his FOURTH one and I should know the answer to this question by now, but have not been able to establish (for sure) what the law states in this situation. Last year, he gave up his job in order to be on the "safe side" rather than risk giving them further "reason" to deport him.

He has applied for a renewal of his EAD and has had his biometrics done etc., back in November. If the EAD doesn't arrive before the other one expires is he able to continue working?

[rebeccajo 14]

Glenys, download an I-9 form and read the instructions to the employer.

I THINK the instructions state that the employer only need see at least an application for a employment authorization document with 3 days of the hire, and production of that document within 90 days...........................

[Girona40 0]

Glenys, download an I-9 form and read the instructions to the employer.

I THINK the instructions state that the employer only need see at least an application for a employment authorization document with 3 days of the hire, and production of that document within 90 days...........................

This is part of the I-9. I think he is screwed if he doesn't have it in hand when the other one expires.

Section 3. Updating and Reverification. To be completed and signed by employer.

C. If employee's previous grant of work authorization has expired, provide the information below for the document that establishes current employment eligibility.

Document #: Expiration Date (if any): Document Title:

At the moment he has broken no laws since arriving in the US four years ago, but if he continues to work and doesn't have a valid EAD in his hand he would be breaking the law. This is just the grounds they would need to deport him. At the moment they are basing their wish to deport him on the fact that he turned 21 during processing, but can't support that with any law. If he breaks this one they will have reason to deport him and that would be a disaster.

Nothing is every straightforward.

[diadromous mermaid 36]

Glenys, download an I-9 form and read the instructions to the employer.

I THINK the instructions state that the employer only need see at least an application for a employment authorization document with 3 days of the hire, and production of that document within 90 days...........................

This is part of the I-9. I think he is screwed if he doesn't have it in hand when the other one expires.

Section 3. Updating and Reverification. To be completed and signed by employer.

C. If employee's previous grant of work authorization has expired, provide the information below for the document that establishes current employment eligibility.

Document #: Expiration Date (if any): Document Title:

At the moment he has broken no laws since arriving in the US four years ago, but if he continues to work and doesn't have a valid EAD in his hand he would be breaking the law. This is just the grounds they would need to deport him. At the moment they are basing their wish to deport him on the fact that he turned 21 during processing, but can't support that with any law. If he breaks this one they will have reason to deport him and that would be a disaster.

Nothing is every straightforward.

Yes, the I-9 rules and verification process were revised in 2005. A receipt only works for a replacement card. Girona, if you have even a slight doubt, I'd consult an immigration attorney to confirm, but in my opinion your son (given all the complications with his case already) might be best advised to take a brief leave of absence til the card arrives.

[Girona40 0]

Glenys, download an I-9 form and read the instructions to the employer.

I THINK the instructions state that the employer only need see at least an application for a employment authorization document with 3 days of the hire, and production of that document within 90 days...........................

This is part of the I-9. I think he is screwed if he doesn't have it in hand when the other one expires.

Section 3. Updating and Reverification. To be completed and signed by employer.

C. If employee's previous grant of work authorization has expired, provide the information below for the document that establishes current employment eligibility.

Document #: Expiration Date (if any): Document Title:

At the moment he has broken no laws since arriving in the US four years ago, but if he continues to work and doesn't have a valid EAD in his hand he would be breaking the law. This is just the grounds they would need to deport him. At the moment they are basing their wish to deport him on the fact that he turned 21 during processing, but can't support that with any law. If he breaks this one they will have reason to deport him and that would be a disaster.

Nothing is every straightforward.

Yes, the I-9 rules and verification process were revised in 2005. A receipt only works for a replacement card. Girona, if you have even a slight doubt, I'd consult an immigration attorney to confirm, but in my opinion your son (given all the complications with his case already) might be best advised to take a brief leave of absence til the card arrives.

I hear ya! But there are many companies that won't allow for a "brief leave of absence". They will simply get someone else to fill your position if you can't give them any idea when you will be able to return to work. This is the case with my son's employers.

Anyway, we just checked with the USCIS website on processing dates. It seems that the application was sent to Missouri Service Center?? and it says they have completed EAD applications received up to the 28th September 06. His was received on the 21st. Let's just hope it is in the mail. Oh, we had an attorney actually file the paperwork for his EAD. Seeing as we have one working on the other issues it just seemed easier to have him deal with it. Unfortunately, with the time difference (he's in CA and we are in WV) it was easier to ask here what the status would be.

I don't think he can take much more of this - last year, and the year before, he had to give up his job in order to stay "legal", and it was months before he received the EAD. It would be a total disaster for him now, since he moved into a place of his own only 4 months ago, signing a lease. If he has to give up his job he won't be able to afford to pay the rent. Just another thing for the poor guy to worry about.

[diadromous mermaid 36]

Glenys, download an I-9 form and read the instructions to the employer.

I THINK the instructions state that the employer only need see at least an application for a employment authorization document with 3 days of the hire, and production of that document within 90 days...........................

This is part of the I-9. I think he is screwed if he doesn't have it in hand when the other one expires.

Section 3. Updating and Reverification. To be completed and signed by employer.

C. If employee's previous grant of work authorization has expired, provide the information below for the document that establishes current employment eligibility.

Document #: Expiration Date (if any): Document Title:

At the moment he has broken no laws since arriving in the US four years ago, but if he continues to work and doesn't have a valid EAD in his hand he would be breaking the law. This is just the grounds they would need to deport him. At the moment they are basing their wish to deport him on the fact that he turned 21 during processing, but can't support that with any law. If he breaks this one they will have reason to deport him and that would be a disaster.

Nothing is every straightforward.

Yes, the I-9 rules and verification process were revised in 2005. A receipt only works for a replacement card. Girona, if you have even a slight doubt, I'd consult an immigration attorney to confirm, but in my opinion your son (given all the complications with his case already) might be best advised to take a brief leave of absence til the card arrives.

I hear ya! But there are many companies that won't allow for a "brief leave of absence". They will simply get someone else to fill your position if you can't give them any idea when you will be able to return to work. This is the case with my son's employers.

Anyway, we just checked with the USCIS website on processing dates. It seems that the application was sent to Missouri Service Center?? and it says they have completed EAD applications received up to the 28th September 06. His was received on the 21st. Let's just hope it is in the mail. Oh, we had an attorney actually file the paperwork for his EAD. Seeing as we have one working on the other issues it just seemed easier to have him deal with it. Unfortunately, with the time difference (he's in CA and we are in WV) it was easier to ask here what the status would be.

I don't think he can take much more of this - last year, and the year before, he had to give up his job in order to stay "legal", and it was months before he received the EAD. It would be a total disaster for him now, since he moved into a place of his own only 4 months ago, signing a lease. If he has to give up his job he won't be able to afford to pay the rent. Just another thing for the poor guy to worry about.

Girona,

Given the date his was received, it might not be necessary!

September 21st + 90 days = December 20th.

If USCIS does not approve or deny your Employment Authorization Document application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim Employment Authorization Document. You must go to your local USCIS office and bring with you proof of your identity and any documents that USCIS has sent you about your employment authorization application. Please click here for more information on USCIS field offices

http://www.ailc.com/howdoi/ead.htm

[Girona40 0]

Glenys, download an I-9 form and read the instructions to the employer.

I THINK the instructions state that the employer only need see at least an application for a employment authorization document with 3 days of the hire, and production of that document within 90 days...........................

This is part of the I-9. I think he is screwed if he doesn't have it in hand when the other one expires.

Section 3. Updating and Reverification. To be completed and signed by employer.

C. If employee's previous grant of work authorization has expired, provide the information below for the document that establishes current employment eligibility.

Document #: Expiration Date (if any): Document Title:

At the moment he has broken no laws since arriving in the US four years ago, but if he continues to work and doesn't have a valid EAD in his hand he would be breaking the law. This is just the grounds they would need to deport him. At the moment they are basing their wish to deport him on the fact that he turned 21 during processing, but can't support that with any law. If he breaks this one they will have reason to deport him and that would be a disaster.

Nothing is every straightforward.

Yes, the I-9 rules and verification process were revised in 2005. A receipt only works for a replacement card. Girona, if you have even a slight doubt, I'd consult an immigration attorney to confirm, but in my opinion your son (given all the complications with his case already) might be best advised to take a brief leave of absence til the card arrives.

I hear ya! But there are many companies that won't allow for a "brief leave of absence". They will simply get someone else to fill your position if you can't give them any idea when you will be able to return to work. This is the case with my son's employers.

Anyway, we just checked with the USCIS website on processing dates. It seems that the application was sent to Missouri Service Center?? and it says they have completed EAD applications received up to the 28th September 06. His was received on the 21st. Let's just hope it is in the mail. Oh, we had an attorney actually file the paperwork for his EAD. Seeing as we have one working on the other issues it just seemed easier to have him deal with it. Unfortunately, with the time difference (he's in CA and we are in WV) it was easier to ask here what the status would be.

I don't think he can take much more of this - last year, and the year before, he had to give up his job in order to stay "legal", and it was months before he received the EAD. It would be a total disaster for him now, since he moved into a place of his own only 4 months ago, signing a lease. If he has to give up his job he won't be able to afford to pay the rent. Just another thing for the poor guy to worry about.

Girona,

Given the date his was received, it might not be necessary!

September 21st + 90 days = December 20th.

If USCIS does not approve or deny your Employment Authorization Document application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim Employment Authorization Document. You must go to your local USCIS office and bring with you proof of your identity and any documents that USCIS has sent you about your employment authorization application. Please click here for more information on USCIS field offices

http://www.ailc.com/howdoi/ead.htm

Thank you so much for that! It has put my mind at rest and I can breathe a little easier now. If his EAD hasn't arrived by Friday morning, I will schedule an INFOPASS appointment for him. This means a drive to Pittsburgh, which is several hours from us, and a day off work for my son, but at least it will give him the interim EAD he needs. Let's hope it won't come to that and the darn thing arrives in the mail this week.

Thanks again!

[LaL 418]

an interim EAD is still available? i didnt think so.

[Girona40 0]

an interim EAD is still available? i didnt think so.

Interim EAD: If USCIS does not approve or deny your EAD application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim EAD document.

From the USCIS website - God, I almost stopped breathing altogether then!!! lol

[LaL 418]

an interim EAD is still available? i didnt think so.

Interim EAD: If USCIS does not approve or deny your EAD application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim EAD document.

From the USCIS website - God, I almost stopped breathing altogether then!!! lol

I dont mean to startle you, just as I understand it, interim EAD's are no longer provided effective 9/1/06 and even some offices eff 10/1/06. I think very very few offices still squeak them out, but no one seems to be trying to obtain them anymore since most get rejected. What an infopass CAN do for you is send a request to Missouri asking what the hold up is since you are outside processing times. Again, I believe this is the current state as it standas for Interim EADs

Edited December 27, 2006 by lal_brandow

[Girona40 0]

As usual the USCIS website provides information contrary to what everyone else is aware of! I have e-mailed a lady, who kindly gave me her e-mail address, at the Pittsburgh District Office. I simply asked if they are still issuing Interim EAD's and what the process is for getting one.

I'll let you know what the response is.

[rebeccajo 14]

Glenys, I forgot to mention that when we went for Wes' bios on November 16, we were told that with the 'new' system (that Laura is referencing above), renewals of EAD's are 'timed' to be sent out right before expiration of the old one.

Who knows if this is so, but that's what we were told. Sorry I didn't think of this when I first read your post. It occured to me while driving home.....lol

[Yodrak 7]

Girona,

Normally I would be pragmatic and write 'let the employer fulfill their responsibility under the law, and if they don't it's their problem'.

Given your son's unusual circumstances, I think that you son was prudent in giving up his job last year and he should do the same again of his EA renewal does not come through before the current EA expires. He is looking at an ugly downside that most people do not, and if worse comes to worst he does not need an additional violation on his record should he start over again.

What does your attorney think? (Or do you not want to distract him from the bigger problem with this issue?)

Yodrak

My son's EAD expires in two weeks. This is his FOURTH one and I should know the answer to this question by now, but have not been able to establish (for sure) what the law states in this situation. Last year, he gave up his job in order to be on the "safe side" rather than risk giving them further "reason" to deport him.

He has applied for a renewal of his EAD and has had his biometrics done etc., back in November. If the EAD doesn't arrive before the other one expires is he able to continue working?

[LaL 418]

Glenys, I forgot to mention that when we went for Wes' bios on November 16, we were told that with the 'new' system (that Laura is referencing above), renewals of EAD's are 'timed' to be sent out right before expiration of the old one.

Who knows if this is so, but that's what we were told. Sorry I didn't think of this when I first read your post. It occured to me while driving home.....lol

we had our bio's 10/28/06... and our EAD expired today... i would *hope* what becs is saying is accurate, however, its not in our case.

[Yodrak 7]

rebeccajo,

Yes, the employer initially only needs to see an application for an EAD if the person is EA.

But once the existing EA expires, and the person is no longer EA, the person cannot be employed until they are EA once again.

Yodrak

Glenys, download an I-9 form and read the instructions to the employer.

I THINK the instructions state that the employer only need see at least an application for a employment authorization document with 3 days of the hire, and production of that document within 90 days...........................