Subodh Gupta

My current EAD expires next week. A renewal was file in Feb, and I received a receipt
with a date of 2/20/2001, with an approx. processing time of 80 days. The phone
system says 120 to 140 days.

About 4 weeks ago, I was lucky enough to get through to a live warm body at INS. She
told me that they were processing cases with a recipt date of
2/05/01. So, technically, in 3 weeks, my case would get processed, although the
processing a new card printed, and the mailroom stuff could add another
month or so to it.

As of last yesterday, my case was still "pending".

So, what are my options now?

When my EAD expires on Monday, can I continue to work? If not, when can I resume
work? Can I work once the case is approved, and is entered in their system? Or do I
wait till the card arrives? Should I go down to the local INS office, and request a
temporary EAD? If yes, what documents do I need?

TIA

Subodh

Ingo

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Not legally. Although the consequences are typically minor for you, more serious for
your employer (the employer could be fined).

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As soon as you have the new EAD in hand.

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It's really up to the employer more than you. Technically, you must have the
card in hand.

Realistically, working without EAD may not matter at all. Most importantly, INS
issues renewal EADs as valid from the date the previous one expired. That means that
even though you may have worked without EAD, you would be retroactively legalized,
and your employer could also no longer get fined.

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You can certainly try. Bring the I-485 receipt and the I765 receipt, as well as
passport pictures, your passport and your old EAD. Most local INS offices are
reluctant to issue EADs on the spot, though, especially if it has not been 90 days
since you filed for the renewal.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee) http://www2.apex.net/users/thehydes
http://www.formshome.com http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).