geeandtee

We filed our I-485 last July, it has a September receipt date.
Hubby's EAD expires in November, so I am filing for a renewal right now, to allow three months.
I noticed, checking the USCIS processing times, that EADs are only just now being processsed that were filed March 18 2008.
What happens if Hubby's EAD expires before he gets a new one, if I've filed for renewal?

Elvira

He is not allowed to work without a valid EAD.

I would recommend filing by mail rather than e-file as it seems to be quicker.

Noorah101

He will have a gap in his work authorization. It will be up to the employer how to handle it. If your husband continues working, the unauthorized work will be forgiven by USCIS, but it puts the employer at risk for hefty fines. Many employers will give an unpaid leave of absence, or terminate the employee and re-hire again when work authorized.

I agree, file by mail, it seems to be quicker.

Rene

Folinskyinla

I'd file a new one electronically 100 days prior to the expiration. When he gets the biometric appointment -- do NOT wait until the date set, but go in early [unless you are in a place with ASC's "ride circuit" and are not always there.

Actually, in my experience, EAD applications are processed pretty quickly.

Elvira

Are you absolutely sure about this? I thought this only applies to Marriage-Based AOS.

Having said that, I think it is unlikely that the husband will not receive his renewal in time if he applies now.

Noorah101

Nope, not sure. For some reason I was thinking this was marriage-based.

Rene

geeandtee

Nope, not marriage based. I've filed an AOS, on EB3 visa.

Thanks to all for your advice. I shall be packing hubby off to walgreens tomorrow for his pics and filing asap.

Ozzidoc

The dates on the USCIS are not linear, and only represent the oldest case they are currently dealing with....or rather that is in the queue.

We applied for our EAD on March 30 2008. Both EADs arrived mid May 2008.