Waiting on Renewal EAD - Stop working?

[Janvier882 0]

Hi all,

Been a while since I posted here.

My husband's one year EAD is about to expire and we haven't received the new card yet.

Will he have to quit working until the new card comes through or is it possible to get an interim EAD until it does?

Thanks in advance.

[kc456 0]

Here's USCIS info:

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 document(s), he or she must produce the actual document(s) within 90 days of the date employment begins.

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

Although technically they talk about replacement document for the one that was stolen or destroyed, the "replacement" term can be interpreted broadly. Some employers are pretty lax about it. I would present a receipt for a renewal and see what they say.

Edited February 8, 2006 by kc456

[emailme 0]

I think the receipt for EAD renewal should be enough to prove it.

Edited February 9, 2006 by emailme

[Jasman0717 8]

Did you try to do an infopass to get it renewed?

[gcox457 0]

I think the receipt for EAD renewal should be enough to prove it.

I believe you are right...I seem to remember reading that the receipt for renewal can suffice for 90 days. Searching for an 'official' source of that information is left as an exercise for the reader

[ljpren 0]

I think the receipt for EAD renewal should be enough to prove it.

Actually it is not enough.

I am in the same situation and after some serious investigating this is what I found.

If you do not have valid work permit you are not allowed to work.

Pending application is not a valid work permit.

However it is up to your employer to ask you for a proof if they dont you are ok.

If they do you are done.

My employer desided to ignore the situation until I will get the renewal.

Help line told me it is solely up to your employer.

You can not get interim EAD until 90 days after you have filed.

I have e-filed on Jan 09... I had my second fingerprints done... yes you have but just one finger this time

and I am still waiting...

Best of Luck

Luc

[micius 0]

I am in the same situation as the OP.

BTW Thanks to the person who posted that link. Very informative!

My 1-year EAD has been up for about 2 weeks now. Before it expired, I made an infopass appointment and spoke with an immigration officer (ATL). She told me it is up to my employer. No interim can be issued before 90-days after I apply for the renewal (I e-filed on the 22 of Dec and did my bio on the 29). I specifically wanted to know if it was illegal to keep working without a valid card, even if my employer wanted to keep me. She said that since my status under which I was issued the first EAD hadn't changed (C09) and because of the fact that I had already done biometrics... it wasn't that big of a deal. And that I should receive the card soon. I asked if I could do anything about it and she said that my employer could send a form inquiring about my status. (She gave me the form together with a list of addresses) BUT...she added, we only have two people working on this particular matter here... To me, it sounded: not even bother!

THis is my experience.

Thanks

Tiziana

[Yodrak 7]

Janvier,

A critical piece of information is missing - you say that your husband hasn't received the new card yet, but you don't say whether or not the application has been approved. If the application has been approved, then your husband is EA and has 90 days to produce the card.

It's the employer's responsibility to be keeping their records on this current - has the employer said anything to your husband about this situation?

Yodrak

Hi all,

Been a while since I posted here.

My husband's one year EAD is about to expire and we haven't received the new card yet.

Will he have to quit working until the new card comes through or is it possible to get an interim EAD until it does?

Thanks in advance.