Can I work on I-797c if my EAD expires?

[Parth Prajapati 2]

Hi all,

 

I have applied for AOS based on my wife's citizenship. We got USCIS I797c notice for all applications yesterday. My EAD is expires on 10/31/21 and visa will expire on 01/09/2022. Looks like It will take 8-9 months to get my new EAD based on the backlogs. Can I keep working with the same employer with I797c notice? or I have to wait until I get the real EAD card on my hand? 

Please advice, thanks for your help.

[SteveInBostonI130 3,328]

You will need the new EAD.

[Crazy Cat 39,597]

14 minutes ago, Parth Prajapati said:

Hi all,

 

I have applied for AOS based on my wife's citizenship. We got USCIS I797c notice for all applications yesterday. My EAD is expires on 10/31/21 and visa will expire on 01/09/2022. Looks like It will take 8-9 months to get my new EAD based on the backlogs. Can I keep working with the same employer with I797c notice? or I have to wait until I get the real EAD card on my hand? 

Please advice, thanks for your help.

On what basis did you receive your current EAD?

[Parth Prajapati 2]

https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/automatic-employment-authorization-document-ead-extension

Here it says for c(9) Pending AOS have 180 day extension if I already have EAD from my student OPT  visa. 

[Parth Prajapati 2]

I have last year of my student STEM OPT EAD. 

[Crazy Cat 39,597]

4 minutes ago, Parth Prajapati said:

https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/automatic-employment-authorization-document-ead-extension

Here it says for c(9) Pending AOS have 180 day extension if I already have EAD from my student OPT  visa. 

It doesn't say that from what I see.  Please point out that part.

Edited October 8, 2021 by Crazy Cat

[Parth Prajapati 2]

Might be my mistake in reading, I have STEM OPT EAD, just wanted to know that can I continue working with the I797c notice or have to wait until I get my EAD in hand if my current EAD and visa expires?

[Crazy Cat 39,597]

13 minutes ago, Parth Prajapati said:

I have last year of my student STEM OPT EAD. 

The I-797 you just received is an initial EAD.......it is not an extension of a previous one.  The information you linked is for extensions.... I agree with @SteveInBostonI130

Edited October 8, 2021 by Crazy Cat

[Crazy Cat 39,597]

30 minutes ago, Parth Prajapati said:

Might be my mistake in reading, I have STEM OPT EAD, just wanted to know that can I continue working with the I797c notice or have to wait until I get my EAD in hand if my current EAD and visa expires?

1.  When the underlying basis for an EAD is terminated, the associated EAD is voided.

2.  An I-797  receipt for the submission of a new initial  I-765 does not allow you to work until the initial EAD is approved.

Disclaimer:  I am not an expert int his area. 

 

 

Edited October 8, 2021 by Crazy Cat

[Parth Prajapati 2]

Ok, so I have to leave my job if my stem opt ead expires? 

 

Just your thoughts on this,

Employer suggested since they like my work and want me to keep working,

My wife can open up drafting service LLC on her name and my employer said they can give design projects to her LLC and I can do the work and design products for my wife from home and they can pay my wife's LLC every week for the service as they used to pay me for my job. 

 

Do you think, it's a good idea?

[Crazy Cat 39,597]

1 minute ago, Parth Prajapati said:

Do you think, it's a good idea?

Who would actually be doing the work?  You?  

[Crazy Cat 39,597]

@SusieQQQ might have a good grasp of this issue.  

[Parth Prajapati 2]

Yes, I will do the work but without my name anywhere. On projects, emails, invoices, bank account it will be my wife's name.

[Crazy Cat 39,597]

1 minute ago, Parth Prajapati said:

Yes, I will do the work but without my name anywhere. On projects, emails, invoices, bank account it will be my wife's name.

That smells like fraud....

[Parth Prajapati 2]

I am not saying it's legal, it's like my wife opened up LLC for designing and she got a project for design and she doesn't know how to design so I am just helping her out from home voluntarily.