Working While Waiting for Renewal EAD

[Yodrak 7]

big_ag,

I have the same understanding as this woman.

And I agree with you that many people who do not really understand what they're talking about nevertheless put forth all kinds of mis-information on internet forums. A not insignificant task of forum participants is to separate the wheat from the chaff.

Yodrak

I had a lengthy chat with a good friend's sister, who works for immigration in some kind of enforcement capacity (she travels a lot and carries a gun--one of those jobs), although she used to work in "information," as she called it. I called her in a panic because my husband's EAD was about to expire, and a trip to the local suboffice to see about an interim EAD proved fruitless. ......

In any event, I asked her if she had a suggestion regarding what to do about his about-to-expire EAD, and she said, "Well, does he think his employer will notice?" She went on to say that working between EADs, particularly when the application has been sent in and the check cashed, is not a deportable offense, and it will not affect a pending I-485. She admitted that she wasn't even sure how the "offense" would be classified, or if it would even be considered an offense at all. I thought that this was quite interesting, because "You can't work on an expired EAD!" alarmist stuff is all over the immigration boards. .....

[Dr_LHA 3]

Agreed Yodrak. The main issue with an expiring EAD is whether or not your HR department is on the ball enough to notice. If they don't then there are currently no consequences to continuing working while you wait for your next EAD to arrive.

In my case, my HR department was on the ball and basically told me they'd terminate me if I didn't get my EAD in time.

[Killer_Clown_2009 0]

The important thing being the first sentance. If you don't have an approved EAD, then you are not authorised to work. The receipt does not authorise you to work.

This is exactly what is so confusing. K-1's initially, and then AOS to LPR are under the law "work authorized" if they apply for a EAD. Hence, the 90-day "grace" period to show the document if it can be shown that the employee has indeed applied for the required paperwork. The I-9 is asking if the employee is eligible for employment, and to show official "proof". It's the whole chicken or the egg debate: status makes work authorized, but does lack of EAD due to waiting on USCIS back-log negate this? Moral of the story I guess is to apply for renewal to cover your butt and save yourself this debate.

You may actually have a valid point, it's pretty interesting anyways.

[Yodrak 7]

BJZags,

Not true. One does not become employment authorized by the act of submitting an application to become employment authorized, they become employment authorized only when the application is approved.

The 90-day grace period, as I-9 instructions indicate, is for people who are employment authorized but do not have the ID card to document it. (A significant different from the 90-day period allowed to show a SS card.)

Note that K1s, for 90 days, are in the group of people who are employment authorized but do not have the ID card, or in many cases the stamp on their I-94, to document their EA status. K1s who submit an I-765 under category (a)(6) are not applying for EA status, they already have it. Rather, they are applying for the EAD that they do not have. People submitting I-765 under other categories are applying for EA status, or renewal of it.

Yodrak

The important thing being the first sentance. If you don't have an approved EAD, then you are not authorised to work. The receipt does not authorise you to work.

This is exactly what is so confusing. K-1's initially, and then AOS to LPR are under the law "work authorized" if they apply for a EAD. Hence, the 90-day "grace" period to show the document if it can be shown that the employee has indeed applied for the required paperwork. ....

[BJZags 17]

The 90-day grace period, as I-9 instructions indicate, is for people who are employment authorized but do not have the ID card to document it. (A significant different from the 90-day period allowed to show a SS card.)

I agree with your analyis of K-1 EA versus AOS folks. How about the those who are simply awaiting the EAD-renewal? I'd say some HR departments would argue that receipt for application of renewal would fall within the purposes of the 90-day grace period as spelled-out in the I-9 employers handbook published by the Dept. of Labor. Especially considering propensity of the government to be slow in releasing the initial EAD. I've heard tale of instances of by the time the approved EAD is received in the mail, it is only valid for eight months.

[Empress of Groovy 373]

Hi, everyone

I should reiterate that my original posting has to do with information about the USCIS side of things, re: for a short period between EADs while an I-485 application is pending. I think that some readers may have misinterpreted my posting as advice to lie to your employer, or as suggesting that employers do not keep track of employees' EAD expiration dates. Like a lot of the postings on this forum, my information is anecdotal. It also assumes that you have applied for the renewal too late (i.e., within 90 days of expiration), that you likely are facing a gap in work authorization, and that you have few good options.

Of course, I have no way of knowing how likely a company is to keep track of an employee's work status. If your employer does keep track of such things, and HR approaches you for a new EAD and will not accept anything but a new, valid card, then the information in my post clearly doesn't apply--you'll have to stop working. But in my husband's case, his employer's HR person accepted a verbal acknowledgment that he'd applied for a new card and that it was on the way (he didn't specify when it would arrive). In the case of Salam-Deen (this thread), his employer accepted the section on the I-9 form stating that he had 90 days to produce the card. Numerous people on this board have continued to work by showing employers NOAs or I-797s. **None of these things is acceptable officially.** But if your employer will accept one of these items--or anything other than a valid card--or indeed doesn't ask, then keep working.

The point of my post: On Expiration Day, it may not be in your best interest to head to HR or your boss, slap down your expiring EAD, and declare, "Sorry guys, it looks like I'm going to have to take a leave of absence!"

I should add that my husband is here on a family-based application, not an employment-based visa. It stands to reason that companies sponsoring work visas for foreign nationals are more likely to be knowledgeable about the proper documentation and procedures, and thus more likely to keep track of expiration dates and request/require current docs. I realize I'm making a guess here, but I'd say that more companies than not don't track this stuff that closely. But you have to make your own judgment.

Good luck!

[Empress of Groovy 373]

I guess it goes without saying that you should give yourself 100 days and save yourself the anxiety!

Edited March 15, 2007 by AOS despair

[Dr_LHA 3]

The point of my post: On Expiration Day, it may not be in your best interest to head to HR or your boss, slap down your expiring EAD, and declare, "Sorry guys, it looks like I'm going to have to take a leave of absence!"

Agreed!

[KarenCee 3]

big_ag,

I have the same understanding as this woman.

And I agree with you that many people who do not really understand what they're talking about nevertheless put forth all kinds of mis-information on internet forums. A not insignificant task of forum participants is to separate the wheat from the chaff.

Yodrak

I had a lengthy chat with a good friend's sister, who works for immigration in some kind of enforcement capacity (she travels a lot and carries a gun--one of those jobs), although she used to work in "information," as she called it. I called her in a panic because my husband's EAD was about to expire, and a trip to the local suboffice to see about an interim EAD proved fruitless. ......

In any event, I asked her if she had a suggestion regarding what to do about his about-to-expire EAD, and she said, "Well, does he think his employer will notice?" She went on to say that working between EADs, particularly when the application has been sent in and the check cashed, is not a deportable offense, and it will not affect a pending I-485. She admitted that she wasn't even sure how the "offense" would be classified, or if it would even be considered an offense at all. I thought that this was quite interesting, because "You can't work on an expired EAD!" alarmist stuff is all over the immigration boards. .....

I guess my point was in all this...what was the point in posting this kind of statement? Sure, it won't affect a pending AOS nor would it be an offense worthy of deportation. Why can't this work authorization be cut and dried? Either you do it or you don't. Either you become authorized to work or you don't work. *sigh*

[Yodrak 7]

BJZags,

It is the employer's responsibility to implement the law, and different employers may well interpret the law differently.

Whether any particular employer's interpretation is correct or not would be determined by the court should ICE audit them and file an action against them.

Yodrak

The 90-day grace period, as I-9 instructions indicate, is for people who are employment authorized but do not have the ID card to document it. (A significant different from the 90-day period allowed to show a SS card.)

I agree with your analyis of K-1 EA versus AOS folks. How about the those who are simply awaiting the EAD-renewal? I'd say some HR departments would argue that receipt for application of renewal would fall within the purposes of the 90-day grace period as spelled-out in the I-9 employers handbook published by the Dept. of Labor. .....

[Dr_LHA 3]

I'd say some HR departments would argue that receipt for application of renewal would fall within the purposes of the 90-day grace period.

Its only a 90 day grace period if you are actually employment authorized, e.g. your EAD renewal has been approved but you haven't received the card in the mail yet. If your EAD runs out and your next one hasn't been approved, you're not employment authorized, so employers cannot legally continue to employ you.

[rebeccajo 14]

The form clearly says on section 2 paragraph 2

Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three 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.

Unfortunately, Section 2 of the form instructions are not the last step of the I9. Section 3 must also be completed. Regarding REVERIFICATION of the I9 information, Section 3 states the employer must reverify the information gleaned by the I9 prior to the expiration date of the document originally produced.

The I9 is fairly simple to use. Most questions about employment eligibility can be answered by downloading the form and paying particular attention to Page 3.

Edited March 16, 2007 by rebeccajo

[BrazilianXuxu 0]

Well people, I'm in the same situation,

I'm here on a K1 visa and i have and EAD stamp on my I-94 (so it means I'm work authorized) that expires on April 26th 2009

The question is, I'll be already working when my EAD runs out but I think is out of the question to Stop working just because you are waiting on an EAD card that you KNOW will arrive soon..The thing is that if the employer ask you for an updated EAD, just tell the employer that you already applyed for one and is on the way, Show the receipt (I-797) if the employer ask and also point that on the Form I-9 it says that you have a 90 day grace period to show the document, wich usually takes 3 months, so you have your back covered by the form, simple and easy to undertand.

Also on the I-9 form it says that is considered Discrimination if the employer refuses to hire you just because your EAD is about to run out. is a Crime!

But if your EAD is already expired and you have no job, then is different cause I don't think any employer would Hire you if your EAD is already expired, even after you show them the receipt but if you are currently working when you EAD expire, then you have the RIGHT to keep working.

K1 are employment authorized and when you applyfor AOS under K1, you still have K1 status, therefore, you can continue working while you wait for your EAD Card.

I have seen many cases of Illegal immigrants working in the US, get married an then get a green card with no problems, so do you think they will bother you ,that came on K1 visa, did the right thing,submited all the necessary paperwork and are waiting for the EAD card (in this case).the economy is alreayd tough and leaving a job right now is out of the questiion for me.

This is just my opnion, do what you feel is right..