EAD expire during pendency of I485

[bvidal 0]

Hello, if anyone can help me understand this situation and next steps I would deeply appreciate it.

I485(I130 was approved separately) is pending since 10/2019.

EAD(1) valid from 03/2020 to 03/25/2021 based on the pending I485,.

EAD(2) renewal application received at Chicago office on 02/16/2021.

There is an automatic extension of the EAD since date of receipt, my lawyer thinks that date is 02/16/2021 (the day the USCIS office received the envelope), I think she is wrong and that the date of receipt is the day when I get the receipt notice.

Has anyone been on this situation?

What happens after 03/25/2021, am I authorized to work? If not, when can I work again? Do I need the receipt or the approval notice?

THANK YOU!!

[JKLSemicolon 414]

You will probably get better answers if a moderator helps to move this to the appropriate Adjustment of Status forum.

[HRQX 4,145]

41 minutes ago, bvidal said:

There is an automatic extension of the EAD since date of receipt,

No, the extension begins on the date the card expires, I.e. March 25: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/handbook-for-employers-m-274/40-completing-section-2-of-form-i-9/44-automatic-extensions-of-employment-authorization-documents-eads-in-certain-circumstances

The extension begins on the date the EAD expires and continues for up to 180 days, unless USCIS denies the renewal application. An automatic EAD extension depends on these requirements:

• Employees must have filed an application to renew their EAD before it expires (except certain employees with Temporary Protected Status (TPS)), and the application remains pending;
• The eligibility category on the front of the EAD is the same eligibility category on the employee’s Form I-797C, Notice of Action (except employees with TPS who may have a C19/A12 combination); and
• Current EAD eligibility categories for a 180-day automatic extension are A03, A05, A07, A08, A10, C08, C09, C10, C16, C20, C22, C24, C31, and A12 or C19.  The eligible categories are published on the USCIS Automatic EAD Extension page. Some category codes on the EAD may include the letter ‘P’ such as C09P. Employers should disregard the letter ‘P’ when comparing the category code on the EAD with the category code on the receipt notice.

An EAD that appears to be expired is automatically extended when the employee also presents a Form I-797C that shows a timely filed EAD renewal application. The EAD and Form I-797C must have the same qualifying eligibility category as that on the expired EAD.

 

41 minutes ago, bvidal said:

date of receipt

For Receipt date see 8 CFR § 103.2(a)(7)(i): "USCIS will consider a benefit request received and will record the receipt date as of the actual date of receipt at the location designated for filing such benefit request whether electronically or in paper format."

[bvidal 0]

Thank you for you response, I have read that, but the last part confuses me:

"An EAD that appears to be expired is automatically extended when the employee also presents a Form I-797C that shows a timely filed EAD renewal application. "

I don´t have a Form I-797C to show that I timely filed the EAD renewal application. I just have my tracking number that I sent something to the Chicago office.

[HRQX 4,145]

23 minutes ago, bvidal said:

I don´t have a Form I-797C

That is the Receipt notice. Hopefully you receive it before March 25 in order to avoid a gap in employment.

[bvidal 0]

So you agree, no receipt no extension?

My current employer offered to terminate me without cause, so I can collect unemployment.

Can I even collect unemployment? I read that you can´t receive unemployment while you are not allowed to work/dont have EAD. Is that correct? I live in NYC.

Thanks!

 

[HRQX 4,145]

27 minutes ago, bvidal said:

So you agree, no receipt no extension?

No proof of the extension. The extension is still technically there so you do qualify for unemployment during that time. Regarding work, the employer tends to follow the I-9 manual (*although some employers are understanding and take the employee’s word along with the proof of mailing).

[payxibka 10,045]

37 minutes ago, bvidal said:

So you agree, no receipt no extension?

My current employer offered to terminate me without cause, so I can collect unemployment.

Can I even collect unemployment? I read that you can´t receive unemployment while you are not allowed to work/dont have EAD. Is that correct? I live in NYC.

Thanks!

 

Why is your employer terminating you?

[bvidal 0]

18 minutes ago, payxibka said:

Why is your employer terminating you?

Because I can´t provide a proof of the extension.

It is a termination without cause, they said that they would put something like due to expiration of EAD we are terminating this person.

But if they are putting that on the termination letter... would not that be contradictory to the people that reviews the unemployment applications?

 

Edited March 11, 2021 by bvidal

[Ryan H 3,813]

**Moved from IR-1/CR-1 Progress Reports to Adjustment of Status from Work, Student, & Tourist Visas forum.  Duplicate thread removed.**

[Russel1995 163]

8 hours ago, bvidal said:

Hello, if anyone can help me understand this situation and next steps I would deeply appreciate it.

I485(I130 was approved separately) is pending since 10/2019.

EAD(1) valid from 03/2020 to 03/25/2021 based on the pending I485,.

EAD(2) renewal application received at Chicago office on 02/16/2021.

There is an automatic extension of the EAD since date of receipt, my lawyer thinks that date is 02/16/2021 (the day the USCIS office received the envelope), I think she is wrong and that the date of receipt is the day when I get the receipt notice.

Has anyone been on this situation?

What happens after 03/25/2021, am I authorized to work? If not, when can I work again? Do I need the receipt or the approval notice?

THANK YOU!!

The receipt date IS the day USCIS recieved your application.  Upon USCIS receiving an application, it is stamped the date it was rwcieved.  This is the receipt date. 

 

So if you are certain they accepted the application, then you are still able to work 180 days from you ead expiring..

 

Only thing is you don't have the receipt notice for valid proof wich may be hard for a employer that follows I9.

 

 

[Ayrton 965]

12 hours ago, bvidal said:

Because I can´t provide a proof of the extension.

It is a termination without cause, they said that they would put something like due to expiration of EAD we are terminating this person.

But if they are putting that on the termination letter... would not that be contradictory to the people that reviews the unemployment applications?

 

Why did you and your lawyer wait so long to file for renewal when you could've filed 180 days before it expires? What if your package gets rejected if something is wrong with it? 

 

Unfortunately until you have the receipt in hands, there's nothing you can do to prevent your employer from terminating you, since package delivered doesn't mean package was accepted. 

Edited March 11, 2021 by Ayrton

[Russel1995 163]

21 hours ago, bvidal said:

Because I can´t provide a proof of the extension.

It is a termination without cause, they said that they would put something like due to expiration of EAD we are terminating this person.

But if they are putting that on the termination letter... would not that be contradictory to the people that reviews the unemployment applications?

 

As well, you need DHS work authorization to collect unemployment.  You can not file for unemployment with a expired ead.

 

At least I Minnesota.

 

Check you states eligibility requirements as they differ state by state.

Edited March 11, 2021 by Russel1995

[HRQX 4,145]

12 minutes ago, Russel1995 said:

As well, you need DHS work authorization to collect unemployment.  You can not file for unemployment with a expired ead.

 

At least I Minnesota.

The extension still exists per 8 CFR § 274a.13(d)(1)(i) and 8 CFR § 103.2(a)(7)(i). OP technically does have employment authorization after March 25, so OP can claim the unemployment insurance during that time.

Edited March 11, 2021 by HRQX

[Russel1995 163]

1 hour ago, HRQX said:

The extension still exists per 8 CFR § 274a.13(d)(1)(i) and 8 CFR § 103.2(a)(7)(i). OP technically does have employment authorization after March 25, so OP can claim the unemployment insurance during that time.

That's if his package was accepted.

 

Personally, I wouodnt claim UI unless I knew for sure the package was accepted.   If he has a case number then it was accepted.

 

But he hasn't mentioned if he's going off the recieved date by USPS tracking, or if he got a text/email stating package was recieved with the case #.