EAD expire during pendency of I485

[bvidal 0]

I don´t have any text/email from USCIS, just off the received date by USPS tracking.

Thank you everyone for your tremendous help.

I think the safest route is to wait for the Notice of Action, and when I have that I will be considered "employable". At least I will have the statute to support me when I go through a new work process.

The way I see it, I could apply for unemployment only once I get that notice.

 

§ 274a.13 Application for employment authorization.

(4) Unexpired Employment Authorization Documents. An Employment Authorization Document (Form I-766) that has expired on its face is considered unexpired when combined with a Notice of Action (Form I-797C), which demonstrates that the requirements of paragraph (d)(1) of this section have been met.

[bvidal 0]

Can you do volunteer work with an expired EAD?

[HRQX 4,145]

2 hours ago, bvidal said:

The way I see it, I could apply for unemployment only once I get that notice.

Incorrect. 8 CFR § 274a.13(d)(1) is the pertinent section. The section you quoted is talking about proof of extension: "which demonstrates that the..."

 

The extension is still technically there. The renewal process is straightforward, so it's safe to say it was timely filed.

Edited March 12, 2021 by HRQX