EAD expired soon but interview scheduled as well

[xhusky 0]

Hello everyone,

 

thanks for some inputs from previous post. 
but my situation is a bit different, my EAD that I am currently using is not based on I-485 marriaged based, but F1 OPT EAD. 

 

I have already talked to my school's international student office, but they say since I have applied to I-485, I should not apply to STEM OPT.

According to the international student office, now that I have applied to I-485, I have officially signed and shown intention of immigration and US as permanent home, whereas F-1 visa is a non-immigrant visa and such privileage(??! LOL) of STEM OPT is only allowed for those who do not have intention of immigrating to US. 

 

They also advised that they can make all required documents to apply to STEM OPT, but it is ultimately my own risks to take if I apply to STEM OPT

such that USCIS may negatively view pending I-485 upon application to STEM OPT and henceforth, decision by USCIS can be unfavorable to my current pending I-485. 

 

And combo card from I-485 is not yet approved. I was scheduled early than I was expecting. 

 

So my EAD is gonna be expired 10 days before the I-485 interview date.

And my current employer (using F1 OPT EAD) is aware of such situation, and more than happy to work with me and and willing to give some leave for 10 days or more. 

 

It was long story, but here is my question. 

After EAD card is expired, can I take some leave as long as employer don't mind, meaning that I do not work there, but can be back anytime upon employment eligibility is granted by USCIS? 

 

The reason I and my employer want to do this way is because it is gonna be much hassle-free and easier than starting as a new hire

(considering background check, drug check, and other paper works). 
Of course, this should be within legal boundary, which is why I am checking here as well as with my attorney (my employer is also gonna check with corporate attorney). 

OR when EAD card is expired, it means that both employee and employer must terminate the employment agreement? 

 

Any advice is appreciated.

 

Thank you

[Coco8 1,042]

33 minutes ago, xhusky said:

After EAD card is expired, can I take some leave as long as employer don't mind, meaning that I do not work there, but can be back anytime upon employment eligibility is granted by USCIS? 

 

The reason I and my employer want to do this way is because it is gonna be much hassle-free and easier than starting as a new hire

(considering background check, drug check, and other paper works). 
Of course, this should be within legal boundary, which is why I am checking here as well as with my attorney (my employer is also gonna check with corporate attorney). 

OR when EAD card is expired, it means that both employee and employer must terminate the employment agreement? 

 

You question is a question for HR and payroll at the company that employs you. 

 

You have to be terminated because you won't be allowed to work. You cannot really take a leave because for a leave paid/unpaid you have to be an employee. You cannot be an employee.

In general, if you are terminated and reappointed within the month you don't have to do any of the additional paperwork because you are still in the system. But again, it depends on the practice and rules of the company. The hassle is really not a problem of you or your boss. HR does all that.

 

 

 

 

 

[xhusky 0]

18 minutes ago, Coco8 said:

 

You question is a question for HR and payroll at the company that employs you. 

 

You have to be terminated because you won't be allowed to work. You cannot really take a leave because for a leave paid/unpaid you have to be an employee. You cannot be an employee.

In general, if you are terminated and reappointed within the month you don't have to do any of the additional paperwork because you are still in the system. But again, it depends on the practice and rules of the company. The hassle is really not a problem of you or your boss. HR does all that.

 

 

 

 

 

Thanks for input

 

 

My employer talked about rehire and told me the same way you just described. No intensive paperwork but both me and employers want legally binding employment contract instead of verbal good will promise.... but in this case then it's better to terminate employment so AOS interview can go smoothly ando favorable result.

 

Now then how i can prove employment terminated? Is there some official paper by corporate? Does E-verify system immediately check this out as well?

[Coco8 1,042]

 

3 minutes ago, xhusky said:

 

Now then how i can prove employment terminated? Is there some official paper by corporate? Does E-verify system immediately check this out as well?

 

You can work until the last day on your OPT card. You have to report that you stopped working to your university because they have to report it to UCSIS.

 

If you have days on your EAD/OPT you don't have to resign to go to AOS. Is that what you were asking? Or has your card expired already?

[xhusky 0]

4 minutes ago, Coco8 said:

 

 

You can work until the last day on your OPT card. You have to report that you stopped working to your university because they have to report it to UCSIS.

 

If you have days on your EAD/OPT you don't have to resign to go to AOS. Is that what you were asking? Or has your card expired already?

Sorry for some confusions. I do have my EAD left until late July, and AOS interview is early August. So I can still work until the last day. 

My question is how can USCIS check if I terminate or not? Just based on my university's reporting to USCIS? 

Or E-verify system can automatically check whenever they put my A-number or SSN? 

[Coco8 1,042]

It is based on what the university reports. But the e-verify checks that your paperwork is in order to work, they require to see your IDs, you have to fill in the i-9, and it gets reported to UCSIS too. They can corroborate the information based on the i-9/e-Verify.

[xhusky 0]

2 minutes ago, Coco8 said:

It is based on what the university reports. But the e-verify checks that your paperwork is in order to work, they require to see your IDs, you have to fill in the i-9, and it gets reported to UCSIS too. They can corroborate the information based on the i-9/e-Verify.

Got you. Thank you so much. 

Just last question: When university reports my employment terminated to USCIS, does it update in the system quickly enough that USCIS can find it out during my interview (after 10 days EAD expires), or it takes a while to be updated in USCIS system?

[Coco8 1,042]

2 minutes ago, xhusky said:

Got you. Thank you so much. 

Just last question: When university reports my employment terminated to USCIS, does it update in the system quickly enough that USCIS can find it out during my interview (after 10 days EAD expires), or it takes a while to be updated in USCIS system?

I don't know. But if you are worried you can have HR write you a letter explaining which was your last day. 

 

HR is very careful about the dates on the EAD and nobody would keep you on if you card expired. So I doubt they will be interested in that at your interview. They might ask you, but they will ask you more about your marriage and that.