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Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

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  #1  
Old 10-07-2008, 06:42 PM
kart2007 kart2007 is offline
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Default "Approved" EAD not yet received - What should I do?

Hello everyone,

My spouse's EAD was approved but its been 20 days and we haven't received it yet. My attorney says employer should be able to employ her on the basis of approval itself. Is this true? Can we explain to her employer this scenario or is it illegal to work on the basis of approval?

Also, her EAD expires on Nov 5th. On Oct 14th it will be 30 days since it was approved (and hopefulyl sent).

Can you please suggest what we can do best here?
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  #2  
Old 10-07-2008, 08:58 PM
ilikekilo ilikekilo is offline
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as far as i know thats good enough, its approved.. so I think it should be fine...
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  #3  
Old 10-07-2008, 09:38 PM
pd_recapturing pd_recapturing is offline
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take infopass and request them to send the EAD card.
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Old 10-07-2008, 10:57 PM
crzyBanker crzyBanker is offline
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I am in the same position as initator. as safe side i re applied for my spouse's replacement EAD. this time she got FP notice and last time she did not get that.
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Old 10-07-2008, 11:02 PM
lazycis lazycis is offline
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She can work, but employer needs to see EAD to fill I-9 form.
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Old 10-07-2008, 11:54 PM
kart2007 kart2007 is offline
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Quote:
Originally Posted by lazycis View Post
She can work, but employer needs to see EAD to fill I-9 form.
But her EAD expires on 4th November, so how will the EAD shown to the employer will be only valid till 4th November. Her joining date is 3rd November.

Also this is clearly written on the I9 form:

Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days. However, if employers hire individuals for a duration of less than three business days, Section 2 must be completed at the time employment begins.


Anyone has any experiences similar to mine? I have already taken infopass appointment on 21st Oct and I will explain them. I hope it goes thru well.

Meanwhile, what should we tell the employer?

Last edited by kart2007; 10-07-2008 at 11:56 PM.
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  #7  
Old 10-13-2008, 08:23 PM
kart2007 kart2007 is offline
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Our lawyer suggested reapplying for Replacement EAD. We have infopass appointment on 21st Oct. Hopefully we will get receipt by then. Does any one know how many days it takes to get receipt once USCIS receives the application?

Also what can we do so that her EAD is received before 4th November? Please advise.
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Old 10-13-2008, 08:32 PM
ilikekilo ilikekilo is offline
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Quote:
Originally Posted by kart2007 View Post
But her EAD expires on 4th November, so how will the EAD shown to the employer will be only valid till 4th November. Her joining date is 3rd November.

Also this is clearly written on the I9 form:

Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days. However, if employers hire individuals for a duration of less than three business days, Section 2 must be completed at the time employment begins.





Anyone has any experiences similar to mine? I have already taken infopass appointment on 21st Oct and I will explain them. I hope it goes thru well.

Meanwhile, what should we tell the employer?





wow thanks man, i didnt know that...my ead is expirgin on oct 30th and didnt get it yet even after senator follow upand when its expedited..

good to know that I can show the receuipt notice and still work even after the ead expires..
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  #9  
Old 10-13-2008, 08:46 PM
kart2007 kart2007 is offline
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Quote:
Originally Posted by ilikekilo View Post
wow thanks man, i didnt know that...my ead is expirgin on oct 30th and didnt get it yet even after senator follow upand when its expedited..

good to know that I can show the receuipt notice and still work even after the ead expires..
Thats what I think, but it looks like some employers dont allow this. I would like to know if someone has been thru this experience before.
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  #10  
Old 10-16-2008, 02:17 PM
kart2007 kart2007 is offline
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Anyone, any ideas?
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  #11  
Old 10-16-2008, 07:00 PM
edaltsis edaltsis is offline
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Receipt notice can be shown only in the case of H1B transfer but not EAD. IT IS ILLEGAL TO WORK WITHOUT A VALID EAD CARD IN HAND (I'M 100% TRUE). EAD card has to be with one who works, there is no exemption. If you work, it's at your risk (if the employer is ignorant about these issues but most of the employers dont let you work). In the future it might affect your Green Card process.

I'm working on EAD and spoke with well experienced lawyers on this.
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  #12  
Old 10-16-2008, 07:35 PM
ilikekilo ilikekilo is offline
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Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days. However, if employers hire individuals for a duration of less than three business days, Section 2 must be completed at the time employment begins.


I still dont get it when there is a clause here taht clearly says the persin has 90 days to show the proof of eligibility..these laws are so convuluted and contradict each other
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  #13  
Old 10-17-2008, 02:22 PM
kart2007 kart2007 is offline
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Quote:
Originally Posted by edaltsis View Post
Receipt notice can be shown only in the case of H1B transfer but not EAD. IT IS ILLEGAL TO WORK WITHOUT A VALID EAD CARD IN HAND (I'M 100% TRUE). EAD card has to be with one who works, there is no exemption. If you work, it's at your risk (if the employer is ignorant about these issues but most of the employers dont let you work). In the future it might affect your Green Card process.
What you are talking about is a new EAD, not an Approved EAD which was lost (either by mail or by USCIS).

References:
1. USCIS: http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

Can I fire an employee who fails to produce the required document(s) within three (3) business days?
Yes. You can terminate an employee who fails to produce the required document(s), or a receipt for a replacement document(s) (in the case of lost, stolen or destroyed documents), within three (3) business days of the date employment begins. However, you must apply these practices uniformly to all employees. If an employee has presented a receipt for a replacement document(s), he or she must produce the actual document(s) within 90 days of the date employment begins.


2. OSC Update:

http://www.usdoj.gov/crt/osc/pdf/osc_update_OCT05.pdf


1. The New Employee Who Lost Her Employment Authorization Document
Employer: (speaking with an OSC attorney.) I just hired a new employee. When I asked her to complete section
one of the I-9 form, she checked the box that indicates that she is an alien authorized to work until November 1, 2006
However, when I asked her to present proof of her authorization to work in the United States–either a List A document
or one document from List B and one document from List C–she showed me a photocopy of her employment authorization
document (“EAD”) and stated that she had lost the original document when she left her wallet on the bus. Can
I accept the photocopy instead of the original document?
OSC Attorney: As you may suspect, an employer must review the original document and may not accept a photocopy
in its place for employment eligibility verification purposes. However, where an employee has lost or misplaced
her document or where it has been stolen, she can present her employer with a receipt showing that she has applied for
a replacement document. The employer must accept this receipt in lieu of the original document and the employee must
then present the new replacement document within 90 days of hire, or in the case of reverification, by the date that the
employment authorization expires.
Please note that this “receipt rule” does not apply to receipts that demonstrate that
an employee has applied for a new document extending her status or adjusting her status. In the alternative, a newly
hired employee may show a different original List A document or an original List B and an original List C document.
Employer: It sounds like there is a good chance that I will be able to employ this individual, because she has
applied for a replacement EAD and does have a receipt. Thank you for this valuable advice.



All said, the most difficult part is to convince the employer that such a rule exists.

Anyone feels otherswise?



Quote:
Originally Posted by edaltsis View Post
I'm working on EAD and spoke with well experienced lawyers on this.
You should probably share this information with your experienced lawyers and see what they have to say?
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  #14  
Old 10-17-2008, 03:40 PM
sanjeev sanjeev is offline
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I was in the same situation few months back, my wife's and my EAD got approved the same day, she received her within 3 days but I didn't get mine for 30 days. When I called the customer service and asked them if i can continue working after the EAD expired they told me I CANNOT. They told me they are going to inform the IO about my situation and I should contact them after a month, I told them my EAD is going to expire in next two weeks I cannot wait for such long, I may loose my job, but she gave a S***t to what I said and cared less about my situation. Finally I took a infopass, the lady at the Infopass centre also said that I cannot work without a EAD card, she right away sent a email to the IO while I was there and all the while she was typing the email she was smiling away, I asked her the reason for her smile and she told me she is sending a email which is going to really embarass the IO though she did not reveal the contents of her email, she assured me I should have my card within next 10 days, I got it in 3 days time, a week before it was to expire.


Quote:
Originally Posted by kart2007 View Post
Hello everyone,

My spouse's EAD was approved but its been 20 days and we haven't received it yet. My attorney says employer should be able to employ her on the basis of approval itself. Is this true? Can we explain to her employer this scenario or is it illegal to work on the basis of approval?

Also, her EAD expires on Nov 5th. On Oct 14th it will be 30 days since it was approved (and hopefulyl sent).

Can you please suggest what we can do best here?
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  #15  
Old 10-17-2008, 04:02 PM
ccppjava ccppjava is offline
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Quote:
Originally Posted by edaltsis View Post
Receipt notice can be shown only in the case of H1B transfer but not EAD. IT IS ILLEGAL TO WORK WITHOUT A VALID EAD CARD IN HAND (I'M 100% TRUE). EAD card has to be with one who works, there is no exemption. If you work, it's at your risk (if the employer is ignorant about these issues but most of the employers dont let you work). In the future it might affect your Green Card process.

I'm working on EAD and spoke with well experienced lawyers on this.
When you say , "IT IS ILLEGAL TO WORK WITHOUT A VALID EAD CARD IN HAND" , do you mean to say "IT IS ILLEGAL TO GET PAID" right?

Last edited by ccppjava; 10-17-2008 at 05:25 PM.
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