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-   -   Forgot to renew EAD. Expiring sep 03 -2012. Help (https://archive.immigrationvoice.org/forum/showthread.php?t=3093090)

Gratnakar 08-02-2012 12:10 PM

Forgot to renew EAD. Expiring sep 03 -2012. Help
 
Hello Friends-
My EAD is expiring on Sep 03 -- 2012. I forgot to renew it. I am going to apply now. I have few questions:

1. Can I work while the EAD renew application is in process.
2. How long it takes to get the receipt notice. I heard something that we can continue work when we have receipt notice.
3. How much ahead of time usually we need to apply for EAD. I have only one month left to apply.


Please help

Thanks
Ratna

bsnf 08-02-2012 12:15 PM

You should apply today itself, do online filing.

You can apply 120 days in advance.

We got the receipt in less than 2 weeks and approval in 4 -6 weeks ( don't remember exactly)

Sorry don't know the answer to other questions.

hpandey 08-02-2012 12:20 PM

Apply it right away
 
Quote:

Originally Posted by Gratnakar (Post 3556484)
Hello Friends-
My EAD is expiring on Sep 03 -- 2012. I forgot to renew it. I am going to apply now. I have few questions:

1. Can I work while the EAD renew application is in process.
2. How long it takes to get the receipt notice. I heard something that we can continue work when we have receipt notice.
3. How much ahead of time usually we need to apply for EAD. I have only one month left to apply.


Please help

Thanks
Ratna

We received our EAD cards within 15 days of filing. You might get them too. Apply it right now.

hariswaminathan 08-02-2012 12:34 PM

Quote:

Originally Posted by Gratnakar (Post 3556484)
Hello Friends-
My EAD is expiring on Sep 03 -- 2012. I forgot to renew it. I am going to apply now. I have few questions:

1. Can I work while the EAD renew application is in process.
2. How long it takes to get the receipt notice. I heard something that we can continue work when we have receipt notice.
3. How much ahead of time usually we need to apply for EAD. I have only one month left to apply.


Please help

Thanks
Ratna

1. You can work until Sept 3rd on your current EAD while your EAD is under renewal. If your renewed EAD doesnt show up before Sept 3rd, you need to stop work until it does and your employer needs to put you off payroll.
2. If you E-File, you should get your receipt notice within 10 days by email. You cannot continue to work based on your receipt notice - this has no meaning at all. You must have valid EAD to work.
3. you might be lucky and get the EAD within 1 month if you file today and send your supporting documents today. It took me 1.5 months to get mine.

mhssatya 08-02-2012 01:52 PM

What about the rule where you can be present/work for 180 days without authorization?

Quote:

Originally Posted by hariswaminathan (Post 3556489)
1. You can work until Sept 3rd on your current EAD while your EAD is under renewal. If your renewed EAD doesnt show up before Sept 3rd, you need to stop work until it does and your employer needs to put you off payroll.
2. If you E-File, you should get your receipt notice within 10 days by email. You cannot continue to work based on your receipt notice - this has no meaning at all. You must have valid EAD to work.
3. you might be lucky and get the EAD within 1 month if you file today and send your supporting documents today. It took me 1.5 months to get mine.


hariswaminathan 08-02-2012 01:54 PM

Quote:

Originally Posted by mhssatya (Post 3556496)
What about the rule where you can be present/work for 180 days without authorization?

I have not heard of such a rule or heard USCIS allowing someone to work without authorization. This would be totally against USCIS policies unless I am missing something.

hariswaminathan 08-02-2012 02:04 PM

Quote:

Originally Posted by hariswaminathan (Post 3556497)
I have not heard of such a rule or heard USCIS allowing someone to work without authorization. This would be totally against USCIS policies unless I am missing something.

ok correction - it seems you are referring to this
http://www.immigration.com/sites/def...k)_14Jul08.pdf
I dont understand the jargon on whether you are protected within 180 days or not based on eligibilty. All i can say is that if you continue to work during expired EAD, you are acrruing unlawful employment - and though this doc seems to show that one has 180 days protection - I'm not sure what they will do with you during your I-485 process or when you enter the country after vacation and get stopped or whether they will even find out.

mhssatya 08-02-2012 02:33 PM

Yeah. I was referring to the same article. It's better to not get into that mess and have an approved EAD in hand before the current one expires. But if we don't have one section 245(k) may be beneficial. This is my understanding of the article and do not take it as granted :-)

Quote:

Originally Posted by hariswaminathan (Post 3556498)
ok correction - it seems you are referring to this
http://www.immigration.com/sites/def...k)_14Jul08.pdf
I dont understand the jargon on whether you are protected within 180 days or not based on eligibilty. All i can say is that if you continue to work during expired EAD, you are acrruing unlawful employment - and though this doc seems to show that one has 180 days protection - I'm not sure what they will do with you during your I-485 process or when you enter the country after vacation and get stopped or whether they will even find out.


h1techSlave 08-02-2012 03:02 PM

EAD renewal
 
Quote:

Originally Posted by Gratnakar (Post 3556484)
Hello Friends-
My EAD is expiring on Sep 03 -- 2012. I forgot to renew it. I am going to apply now. I have few questions:

1. Can I work while the EAD renew application is in process.
2. How long it takes to get the receipt notice. I heard something that we can continue work when we have receipt notice.
3. How much ahead of time usually we need to apply for EAD. I have only one month left to apply.


Please help

Thanks
Ratna

1. No you can not work with out having actual EAD with you.
2. Since receipt notice is not useful, it is irrelevant when you get your receipt. But receipt usually comes very fast. We have only applied EAD online.
3. within 120 days. We usually apply by around 115 days. The last time we got our EAD in around 30 days.

Please keep your HR informed about the developments. In my company they take you off payroll, but reinstate with all previous benefits (Salary, accrued vacation, role etc.).

ranbon78 08-02-2012 04:48 PM

it took 2+months for me in 2011. Though I applied online so after one and half months, USCIS asked for photo. i know for sure one is authorized to work only with valid EAD in hand.

808hiflip 08-02-2012 09:21 PM

ok to work only if...
 
Quote:

Originally Posted by hariswaminathan (Post 3556498)
ok correction - it seems you are referring to this
http://www.immigration.com/sites/def...k)_14Jul08.pdf
I dont understand the jargon on whether you are protected within 180 days or not based on eligibilty. All i can say is that if you continue to work during expired EAD, you are acrruing unlawful employment - and though this doc seems to show that one has 180 days protection - I'm not sure what they will do with you during your I-485 process or when you enter the country after vacation and get stopped or whether they will even find out.

hariswaminathan,

To my little knowledge, ok to work IF the guy has a pending I-485 or AOS or/with unexpired H1B, meaning in status. But if guy has expired H1B or out of status now and only relying on EAD until the validity of his EAD to work, meaning just using up the remainder of whats left on his EAD. Then if this EAD expires, he has to leave. But then I could be right or wrong. Just my thought!

*Disclaimer
I'm not a lawyer nor trying to be one, consult a competent and intelligent immigration lawyer for only them can direct you to the right way and answer all your immigtion matters. Do not use my reply as a definite answer to your queries as this is solely base on my personal opinion only.
Consult a competent immigration lawyer for all your immigration needs.

sunithasree 09-13-2012 02:04 PM

To Ratna:

Have you received your EAD card?
I am also in similar kind of situation. Applied for renewal last week and my current EAD is valid till October. My e-application is submitted to Texas service center. Anybody received EAD from Texas service center recently? What is the approximate process time?

Thanks.

Gratnakar 09-13-2012 05:06 PM

Applied on aug 7th online and received EAD on Sep 8th. Mine is TSC too.

Got done biometrics too

cool_desi_gc 09-13-2012 10:40 PM

Mine got renewed in 35 days after a lot of escalations and calls. Overall the renewals are taking long time. I had to stay away from work for less than 2 weeks while the application is in process. You cannot work while you application is pending. If you applied for a replacement card, you can work on the reciept. But when you applied for renewal, YOU CANNOT WORK.

sunithasree 09-19-2012 10:09 AM

Thanks for replies.

To Ratna,
I applied through online as well. Did you send any supporting documents?

Thanks.


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