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Receipt tracker of 485, EAD and AP applications Track receipt notices, checks and processing delays in 485, EAD and AP petitions.

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  #1  
Old 10-19-2010, 01:10 PM
karthikgk karthikgk is offline
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Priority Date
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Jul-03
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EB3
I140 Mailed Date
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01/31/2007
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I485 Mailed Date
:
06/30/2007
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Default EAD renewal?

Hello,

My EAD (based on I-485 for EB-3; PD - July 2003) expires in the first week of Nov and I applied for my renewal in August and got a notice stating that my application has been received and it will be processed.

I have not received the new EAD yet (status on the website says 'Initial review') and chances are that I may not get one before the current EAD expires.

Am I dead in the water? Both my wife and I need EAD as our H1 has expired and we have changed jobs.

Obviously I am worried sick,

Any help, pointers, suggestions are much appreciated.

Thanks,
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  #2  
Old 10-19-2010, 03:00 PM
skynet2500 skynet2500 is offline
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Default

Quote:
Originally Posted by karthikgk View Post
Hello,

My EAD (based on I-485 for EB-3; PD - July 2003) expires in the first week of Nov and I applied for my renewal in August and got a notice stating that my application has been received and it will be processed.

I have not received the new EAD yet (status on the website says 'Initial review') and chances are that I may not get one before the current EAD expires.

Am I dead in the water? Both my wife and I need EAD as our H1 has expired and we have changed jobs.

Obviously I am worried sick,

Any help, pointers, suggestions are much appreciated.

Thanks,
Few Suggestions..

Contact USCIS to expedite the case. Usually they do it 90 days after they received the case. After this do the following..

- Contact ombudsman office
- Contact local senator office.
- Contact local congressman office

Good Luck.
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  #3  
Old 10-19-2010, 04:11 PM
karthikgk karthikgk is offline
Member
Priority Date
:
Jul-03
Category
:
EB3
I140 Mailed Date
:
01/31/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Jul 2007
Posts: 62
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Default Can I work with an expired EAD?

Thanks. I did contact USCIS and they have accepted my request to expidite the cast. It is to be seen if it will actually happen.

My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?

Best,
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  #4  
Old 10-19-2010, 04:21 PM
realizeit realizeit is offline
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Default Please don't panic

Quote:
Originally Posted by karthikgk View Post
Thanks. I did contact USCIS and they have accepted my request to expidite the cast. It is to be seen if it will actually happen.

My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?

Best,
If they accepted the expedite request, you should get the EAD in your hands within 2-3 weeks.

You cannot work with an expired EAD. Legally, you can work from the day when the renewal EAD gets approved. Some employers insist the production of physical EAD to allow us to continue working. Some employers (few) allow you to work, if the EAD application has been approved. It is not advisable/legal to work when your current EAD is expired and the new one has not yet approved.

You do not have to quit your job. You can go on leave/vacation, if you have leave balance. Else you can go on "Leave without Pay". You do not have to leave the country in no circumstances, because your status is "Adjustment of Stats/I-485 Pending" which in no way gets affected by the expiry of the EAD. If it is not going to come on time, you just have to enjoy one or two weeks of vacation.

Talk to your HR regarding the different options.
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  #5  
Old 10-19-2010, 04:22 PM
pappu pappu is offline
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Default

Quote:
Originally Posted by karthikgk View Post
Thanks. I did contact USCIS and they have accepted my request to expidite the cast. It is to be seen if it will actually happen.

My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?

Best,
Check for past updates on the EAD delays thread. IV had contacted USCIS on EAD delays faced by our members.
Some new updates are also posted for donor members only.
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  #6  
Old 10-19-2010, 04:40 PM
karthikgk karthikgk is offline
Member
Priority Date
:
Jul-03
Category
:
EB3
I140 Mailed Date
:
01/31/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Jul 2007
Posts: 62
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Default Link to the thread

Quote:
Originally Posted by pappu View Post
Check for past updates on the EAD delays thread. IV had contacted USCIS on EAD delays faced by our members.
Some new updates are also posted for donor members only.
Pappu,

Sorry to sound dumb (but I think I am at this point for having applied for my renewal so late) but would you please provide me the link to the EAD renewal thread that you referred? Also, please let me know if there is a seperate link for paid members and I will access that too (my wife's username has a paid membership)

Thanks,
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  #7  
Old 10-19-2010, 05:23 PM
coolmanasip coolmanasip is offline
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Priority Date
:
Jun-06
Category
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EB2
I140 Mailed Date
:
01/26/2007
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Processing Stage
:
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I485 Mailed Date
:
07/02/2007
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Join Date: May 2007
Posts: 161
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Default sure about leave?

Quote:
Originally Posted by realizeit View Post
If they accepted the expedite request, you should get the EAD in your hands within 2-3 weeks.

You cannot work with an expired EAD. Legally, you can work from the day when the renewal EAD gets approved. Some employers insist the production of physical EAD to allow us to continue working. Some employers (few) allow you to work, if the EAD application has been approved. It is not advisable/legal to work when your current EAD is expired and the new one has not yet approved.

You do not have to quit your job. You can go on leave/vacation, if you have leave balance. Else you can go on "Leave without Pay". You do not have to leave the country in no circumstances, because your status is "Adjustment of Stats/I-485 Pending" which in no way gets affected by the expiry of the EAD. If it is not going to come on time, you just have to enjoy one or two weeks of vacation.

Talk to your HR regarding the different options.
Are you sure about the leave? Are you sure if we can use the leave accrued? I was under the impression that you had to go off the payrol ? Please confirm.
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  #8  
Old 10-19-2010, 06:33 PM
realizeit realizeit is offline
Member
Priority Date
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Aug-06
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EB2
I140 Mailed Date
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India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Sep 2007
Posts: 86
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Default

Quote:
Originally Posted by coolmanasip View Post
Are you sure about the leave? Are you sure if we can use the leave accrued? I was under the impression that you had to go off the payrol ? Please confirm.
Yes. You should not do any work, that's the key. You do not have to go off the payroll. After using all the accrued leave, you may have to go on "Leave without pay" or "short-work break".
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