Expiring EAD and vacation time

[wazzujoel 100]

My MIL's EAD is expiring in a few weeks and USCIS is no longer processing EAD's from people like her. She plans to not illegally work, because she doesn't want to give the Trump administration a reason to deny her pending i-485 (1+ year pending now). 

 

Anyways, Walmart where she works gives her Vacation. I think the Vacation paid out like days she would be working. So if her EAD expires on 5/10, could she take 7 days of vacation for 5/11-> +7 days? Or do you think it's safer to have her vacation days get paid out for days she would have worked before her EAD expires? Is this question clear? 

 

For my job if I were to quit, they just pay me my unused vacation. But I don't think that's how Walmart works.  I think she has to say she is taking vacation 5/11, 5/12, 5/13, 5/14,5/15... etc. Days she would have been scheduled to work she need to record vacation. So can she do that for days after her EAD expires or does it need to be before? 

[Lemonslice 5,120]

Some states require PTO to be paid out at the end of employment.  See: https://www.paycor.com/resource-center/articles/pto-payout-laws-by-state/ , the answer might be there.  

 

I have no idea about the pay being recorded as vacations before or after her EAD ends.  I am sure there has to be a definition somewhere.  However, it is possible to have some income and not be allowed to work. For example, if she collected rent from leasing out an apartment, or a pension from a previous employer.  So income =/= work.  Just not sure about vacations with a (current?) employer. 

Edited Sunday at 03:45 AM by Lemonslice

[Edward and Jaycel 1,306]

I don’t know under what category she was originally issued her EAD, but if she has a pending I-485 she should be eligible for an EAD under filing category c9 shouldn’t she? That’s the category all pending Adjustment of Status applicants use to get an EAD 

[Boiler 46,815]

1 hour ago, Edward and Jaycel said:

I don’t know under what category she was originally issued her EAD, but if she has a pending I-485 she should be eligible for an EAD under filing category c9 shouldn’t she? That’s the category all pending Adjustment of Status applicants use to get an EAD 

CHVN

[Edward and Jaycel 1,306]

1 hour ago, Boiler said:

CHVN

I think she should be eligible for a new EAD under (c)(9) now that she has a I-485 pending. I don't know however if CHVN counts as refugee status?

 

 

Adjustment of Status Categories

 

1. Adjustment Applicant under Section 245--(c)(9). File Form I-765 together with Form I-485, Application to Register Permanent Residence or Adjust Status, or if filing separately, submit a copy of your I-485 receipt notice or other evidence that your Form I-485 is pending. NOTE: If you are an asylee or refugee and have applied to adjust to lawful permanent resident status on Form I-485, file Form I-765 under category (a)(5) as an asylee or (a)(3) as a refugee. Do not file under eligibility category (c)(9). See USCIS Form G-1055, Fee Schedule, available at www.uscis.gov/g-1055, for all information on filing fees.

Edited Sunday at 05:35 PM by Edward and Jaycel

[Boiler 46,815]

It is not Refugee status but I assume CAA applicants can apply for EAD.

[wazzujoel 100]

4 hours ago, Edward and Jaycel said:

I don’t know under what category she was originally issued her EAD, but if she has a pending I-485 she should be eligible for an EAD under filing category c9 shouldn’t she? That’s the category all pending Adjustment of Status applicants use to get an EAD 

 

She originally filed EAD under C-11 Cuban Humanitarian Parole and a year ago she filed for i-485 based on Cuban Adjustment Act and she did file a new EAD request under C-9. Pending applications for a year+ now. 

 

Trump however had directed USCIS to not process lawful applications such as hers and because of this she loses her jobs in a few weeks even though she has multiple pending applications.  The good news for her is she will still qualify for all the state aid and such so she will get tax payer funded Medicaid, SNAP (Food allowance), Rent allowance, Cash allowance and everything else her family qualifies for due to Trumps administration taking away her ability to legally work and pay taxes in this country.  But she is just trying to maximize the money she can get from her employer before she is forced onto public assistance, hence my question.

 

My theory is that Trump has directed USCIS not to process applications like her such that when her C-11 EAD ends, then people will mistakenly keep working which then makes them do illegal actions in this country and as such that would be grounds for denying their permeant residency.  I am sure Trump will catch and deport a lot of immigrants by using this strategy. Or by not processing EAD's and taking their ability to work away long enough, maybe some will self-deport. Good news for my MIL though, i-485 based on CAA isn't subject to public discharge so she can get all the tax payer support necessary until Trump finally gives and allows her applications to be processed. If you've read this far, know this - My MIL absolutely hates the idea of going on Public assistance. She loved that for the first time in her life she was able to actually work a job and earn a livable wage. She loved that Walmart offered a 401k Plan and she participated in that. She didn't mind paying taxes and wasn't on any form of government assistance. I've tried escalating her cases due to this being a family of three and she's the primary source of support. Wont do much good im sure. 

[wazzujoel 100]

14 hours ago, Lemonslice said:

Some states require PTO to be paid out at the end of employment.  See: https://www.paycor.com/resource-center/articles/pto-payout-laws-by-state/ , the answer might be there.  

 

I have no idea about the pay being recorded as vacations before or after her EAD ends.  I am sure there has to be a definition somewhere.  However, it is possible to have some income and not be allowed to work. For example, if she collected rent from leasing out an apartment, or a pension from a previous employer.  So income =/= work.  Just not sure about vacations with a (current?) employer. 

That link was helpful! THanks 🙂

[JeanneAdil 6,878]

does the April notice affect this?  Just wondering how our government can put people in limbo

 

On April 14, 2025, the United States District Court for the District of Massachusetts issued a Preliminary Injunction Order staying parts of the March 25, 2025 Federal Register notice titled, “Termination of Parole Process for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV).” See Svitlana Doe, et al., v. Noem, et. al., No. 25-cv-10495 (D. Mass. Apr. 14, 2025). Pursuant to the order, the parole termination notices that were sent to aliens from Cuba, Haiti, Nicaragua, and Venezuela pursuant to the Federal Register notice are stayed and therefore not currently in effect. No new requests for CHNV parole will be processed.

[wazzujoel 100]

3 hours ago, JeanneAdil said:

does the April notice affect this?  Just wondering how our government can put people in limbo

 

On April 14, 2025, the United States District Court for the District of Massachusetts issued a Preliminary Injunction Order staying parts of the March 25, 2025 Federal Register notice titled, “Termination of Parole Process for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV).” See Svitlana Doe, et al., v. Noem, et. al., No. 25-cv-10495 (D. Mass. Apr. 14, 2025). Pursuant to the order, the parole termination notices that were sent to aliens from Cuba, Haiti, Nicaragua, and Venezuela pursuant to the Federal Register notice are stayed and therefore not currently in effect. No new requests for CHNV parole will be processed.

 

That ruling was a great step in a positive direction, however that just prevented the premature ending of the program. My MIL (I am a USC and with her daughter) has her parole ending May 15th.. It's the end of her 2 year temporary stay. However she doesn't need to leave because during this temporary stay she found a legal path to citizenship that she qualifies for, and paid her $1,440 for a residency application and paid her $260 for EAD. Is these two applications that USCIS has (per memo) put on hold. 

 

It's fine though... We have read all the immigration law surrounding Residency via CAA. I am current on all areas that she could be denied on, and she will make sure she is following all the US laws and application rules such that USCIS has no basis to deny residency. Until then, she relies on public assistance until she can start her life here again in the USA. Until then though she has legal stay in here because having a pending i-485 gives her "protected stay"  

[Boiler 46,815]

I thought benefits are linked to Parole?

[wazzujoel 100]

10 hours ago, Boiler said:

I thought benefits are linked to Parole?

 

I am not experienced in the welfare system, as I've never received any form of public assistance. Certainly to get benefits you'll need to be a documented immigrant with a valid social security number (Both true for my MIL). I know that when there are children involved there are special rules and they have flexible programs for that (They have a son). I suspect living in a very liberal state on NY that will help them receive benefits, but I guess I'll find out in a few weeks or so if they decide to apply for benefits. I told them they should. I financially helped them when they arrived as was my obligation when I agreed to be their financial sponsor and as such they haven't been on social assistance yet. But now that my obligation is over, I don't feel that it would be fair that I financially care for them because Trump's administration chooses not to allow them to work while being legally here. 

 

They told me they would rather work illegally because their employer isn't checking people's EAD expirations. They were thinking if their employer doesn't tell them they can't work than the US gov would be forgiving of that if they did. I'd beat it into their heads enough now that they get it. I told them this is exactly what Trump want's them to do, because working illegally is grounds for a denial of their permanent residency. So they wont be working, but they are pretty upset about it. It is what it is.  

[Boiler 46,815]

They came on HP, you would have completed the I 134 which is basically unenforceable.

[wazzujoel 100]

1 minute ago, Boiler said:

They came on HP, you would have completed the I 134 which is basically unenforceable.

 

Yeah I know even though I agreed to be the financial supporter via i-134a that the financial support I agreed to wasn't enforceable. But for me, just because they could have previously qualified when they came, I wanted to fulfill my unenforceable obligation as a financial supporter because that was the agreement I made with the federal government when they allowed the people I sponsored to come. I don't like taking advantage of loop holes or grey areas, and prefer to live my life as honorable as I can. My financial obligation was only for the 2 years of their parole window though, and now that this has ended, so ends my honor-system financial obligation. And if USCIS would approve either of their two applications that have been sitting untouched for a year+ than they wouldn't need any form of public assistance. That's the thing that rubs me wrong. Here are people that a legally here, that are following the laws of the country, and want to pay into US systems like income tax, social security tax, medicare tax, and 401k retirement plans... and the Trump administration is preventing this. So yeah, when the US government is operating unethically, I have no issues with people like this going on public assistance (assuming they qualify) because the US gov is causing this issue. 

[Boiler 46,815]

I would rather not pay in but have not found away around it.

 

I am not familiar with the details of the CAA but would be surprised if it offered Public Assistance. No other Adjustment based programme does. Well that I know of. Something they need to look into.