90 EAD question

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Old Oct 7th 2003, 12:18 am
  #1  
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Default 90 Day EAD question

I have a question regarding EAD.

I’ve been offered a position from a company and I’m not sure if I can take it.

We just filed my AOS package today in NYC, and my 90 EAD has almost run out, so can I take this position while I still have some time left on it?...or do I need to wait until I get my 1 year EAD before I take a full time position?.

If I do take this position, would I get in to any trouble when my 90 EAD runs out at the end of this month?

Also, I read in a few posts that people who file through NYC don't seem to get the Yellow till receipt anymore. Is this needed to do a walk in for EAD, as I'll probably be doing that in a few weeks time.

Thanks for any help

Angelus71

Last edited by Angelus71; Oct 7th 2003 at 4:04 pm.
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Old Oct 7th 2003, 1:20 am
  #2  
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I am sorry I can't give NYC specifics, but I feel for you there. My husband took a job on his 90 day EAD, and the employer was not real concerned about his expiring. They were actually so busy they were happier to let him work past the expiration than let him off to go sit around Philadelphia all day long. The penalty is the employer's for you not having documentation, so I would take to take the offer if they don't have a problem with a possible gap in your documentation.
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Old Oct 7th 2003, 3:21 pm
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Originally posted by Pallyn
I am sorry I can't give NYC specifics, but I feel for you there. My husband took a job on his 90 day EAD, and the employer was not real concerned about his expiring. They were actually so busy they were happier to let him work past the expiration than let him off to go sit around Philadelphia all day long. The penalty is the employer's for you not having documentation, so I would take to take the offer if they don't have a problem with a possible gap in your documentation.

Thanks for your reply Pallyn

If I take the job, would I be breaking any laws for working after my 90 day EAD has ran out while I wait for my 1 year EAD?.

Thanks ahead of time
Angelus71

Last edited by Angelus71; Oct 7th 2003 at 4:03 pm.
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Old Oct 7th 2003, 4:09 pm
  #4  
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Default Re: 90 EAD question

"Angelus71" <member@british_expats.com> wrote:

    > If I take the job, would I be breaking any labor laws for working after
    > my 90 day EAD has ran out while I wait for my 1 year EAD?.

Yes. It wouldn't be a bar to adjusting status. Note that in general it's the
responsibility of the company to make sure you have authorization. In
particular if they say scoot on that 91st day there's nothing you can do
about it. They can be fined if they allow you to work although, in practice,
raids on a workspace are few and far between - especially if it's not a
field that would normally have undocumented workers. Where my brother-in-law
works they have a lot of casual labor and they do get visits.

Andy.

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Old Oct 10th 2003, 1:43 am
  #5  
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Default Re: 90 EAD question

Actually, they are stuck between the law. They break one law to hire someone who loses their work authorization, but another if they use lack of status while an application is pending renewal to fire someone. My take is that as long as you applied in the proper time, you take the job, keep the job, and get the new EAD when it comes. 99.9% of the time nothing is going to happen to anybody.

-fr
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