EAD running out

Old Jun 23rd 2004, 10:41 pm
  #1  
David
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Default EAD running out

I enters the States on a K1 Fiance Visa and after around 1 and 1/2 months I
received my EAD. It was only valid up until my 3 month deadline to marry. I
have since married and sent away the necessary forms including a new
application for an EAD.

What can I do so that I don't have to give up work while I wait for my new
EAD to arrive?

Thanks in advance for any advice anyone can offer.
 
Old Jun 23rd 2004, 11:01 pm
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Default Re: EAD running out

Originally posted by David
What can I do so that I don't have to give up work while I wait for my new EAD to arrive?

Thanks in advance for any advice anyone can offer.
You cannot legally work without authorization. If there is a time lapse between the expiry of your current EAD and receiving your new one, then there's not a whole lot you can do. Some may suggest you work anyway and don't worry about it, but that's not my advice. There's been some discussion about this recently so you might want to do a quick search of the newsgroup.

Ian
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Old Jun 23rd 2004, 11:18 pm
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Default Re: EAD running out

Originally posted by David
I enters the States on a K1 Fiance Visa and after around 1 and 1/2 months I
received my EAD. It was only valid up until my 3 month deadline to marry. I
have since married and sent away the necessary forms including a new
application for an EAD.

What can I do so that I don't have to give up work while I wait for my new
EAD to arrive?

Thanks in advance for any advice anyone can offer.

Hi,

As Ian says, it is not legal to work without authorization.

It is frustrating, but I had to give up my job after the 90 days had passed until I get my next EAD (I'm planning to apply for the interim EAD on the 91st day as I don't expect my 1-year EAD to come through by then what with the slow processing times at the NBC in Missouri). My employer is allowing me to return as soon as I get authorization, and even wrote a letter for me which I attached to my EAD application requesting that my case be expedited. I have no idea whether immigration will take any notice of this though.

You will see if you search on this site that some people continue working and say that immigration officers apparently turn a blind eye to it but I for one am not prepared to take any risks or jeopardize my future here.

Danielle
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Old Jun 23rd 2004, 11:56 pm
  #4  
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Default Re: EAD running out

"Dazzlegirl" wrote
    > You will see if you search on this site that some people continue
    > working and say that immigration officers apparently turn a blind eye to
    > it but I for one am not prepared to take any risks or jeopardize my
    > future here.


I can understand why those who have chosen to give up their employment due
to this confusion would maintain that it was the right thing to do, as
coming to terms with it being unnecessary would be painful and perhaps make
the person feel foolhardy. However, providing you can prove - either
because you received notice in writing or the person you spoke to can point
you to official documentation - that you were told by BCIS that no action
would be taken against you for working between EADs, then I don't really see
where the risk lies.

This is all IMO, but from what I've read I intend to take that stance.


Andy
 
Old Jun 24th 2004, 12:49 am
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Default Re: EAD running out

However, providing you can prove - either
because you received notice in writing or the person you spoke to can point
you to official documentation - that you were told by BCIS that no action
would be taken against you for working between EADs, then I don't really see
where the risk lies.

Andy [/QUOTE]

I personally am not prepared to take any risks and continue working precisely because it is not written in print anywhere that that I have permission to do so while I do not have a valid EAD. If several Immigration Officers tell me definitively that it would be illegal, no matter what anyone says about them turning a blind eye, unless I can find it in print that it is in fact legal (which I will not) then I will not work.

Danielle
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Old Jun 24th 2004, 2:07 am
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Default Re: EAD running out

Hi
I am in the exact same boat as you, read my thread entitled "will I get into trouble?" posted a day before yours.

Sarah
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Old Jun 24th 2004, 2:57 am
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Default Re: EAD running out

I have turned down three job interviews in the past month because my first EAD ran out June 16th and I don't expect my new card until mid-August. Wah.
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Old Jun 24th 2004, 3:05 am
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Default Re: EAD running out

That is crap!! (excuse my language), we shouldn't be punished for their slowness!!
Reading all your experiences.. I am not going to get an interim EAD.. what for?, I will have to quit my job after 90 days.. it is worthless!!...
Ok enough ranting!!
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Old Jun 24th 2004, 11:53 am
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Default Re: EAD running out

Originally posted by Feanor
I have turned down three job interviews in the past month because my first EAD ran out June 16th and I don't expect my new card until mid-August. Wah.
Actually, there's nothing wrong with interviewing for a job, as long as you don't start employment until you have a valid EAD. Many positions don't actually start until several months after the employee has been interviewed. Good luck with the job hunt.

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Old Jun 24th 2004, 12:38 pm
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Default Re: EAD running out

Originally posted by Hypertweeky
That is crap!! (excuse my language), we shouldn't be punished for their slowness!!
Reading all your experiences.. I am not going to get an interim EAD.. what for?, I will have to quit my job after 90 days.. it is worthless!!...
Ok enough ranting!!

Hyper

I don't understand ... you will not go to the district office on day 91 and get the interim EAD? Why not? It is good for a year unless because you are a K-3 recipient they might make it good for two years.

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Old Jun 24th 2004, 1:51 pm
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Default Re: EAD running out

Originally posted by Rete
Hyper

I don't understand ... you will not go to the district office on day 91 and get the interim EAD? Why not? It is good for a year unless because you are a K-3 recipient they might make it good for two years.

Rete

Because unless he applied for his AOS EAD on the first day that he arrived in the States, there will be a gap between the expiration date on his current 90 day EAD and the AOS EAD (the one you get on the 91 st day).
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Old Jun 24th 2004, 4:56 pm
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Default Re: EAD running out

"LucyMO" wrote
    > Because unless he applied for his AOS EAD on the first day
    > that he arrived in the States, there will be a gap between the
    > expiration date on his current 90 day EAD and the AOS EAD (the one you
    > get on the 91 st day).



It seems balmy that with all the experience and knowledge on this newsgroup
that -despite my reading nearly every post on the matter - the issue of EAD
still confuses me.

Am I right in thinking that you can't apply for a permanent EAD (work
permit) until you've gone through AOS?


Thanks,

Andy
 
Old Jun 24th 2004, 5:32 pm
  #13  
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Default Re: EAD running out

Originally posted by Exile
"LucyMO" wrote
    > Because unless he applied for his AOS EAD on the first day
    > that he arrived in the States, there will be a gap between the
    > expiration date on his current 90 day EAD and the AOS EAD (the one you
    > get on the 91 st day).



It seems balmy that with all the experience and knowledge on this newsgroup
that -despite my reading nearly every post on the matter - the issue of EAD
still confuses me.

Am I right in thinking that you can't apply for a permanent EAD (work
permit) until you've gone through AOS?


Thanks,

Andy
Hi Andy,
It depends how you entered the USA. A K3 visa holder can get an EAD without having to AOS here in the states. But K1 visa holder has to wait to file AOS first (they can submit the applications for AOS and EAD at the same time, but not EAD before AOS). I'm not sure how the other visa types work with EAD's though.

Don't worry....I've been around the immigration world for more than a year now, and still find some things very confusing!

Best Wishes,
Rene
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Old Jun 24th 2004, 5:46 pm
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Default Re: EAD running out

Originally posted by Rete
Hyper

I don't understand ... you will not go to the district office on day 91 and get the interim EAD? Why not? It is good for a year unless because you are a K-3 recipient they might make it good for two years.

Rete
Rete,
That is not exactly correct. I got my interim on day 91 from the local office, and it is just good for 3 months (I-765 sent to Chicago since I am a K3). In my case half the time that it is valid is already over, and there is still no movement on my I-765. I am getting worried that it might already expire again before I even get the I-765 approved!
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Old Jun 24th 2004, 6:07 pm
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Default Re: EAD running out

My EAD after a year was about to expire although I had applied for my I-765. I didn't get the interview on time so I think it's 3 months, (don't quote me) but I applied for a new 1 year EAD in case my interview didn't come up. Well, got the letter to go pick up my new EAD in Memphis and guess what. Just before I was to pick up my EAD my interview came through, so thus I didn't need the new EAD but had paid for it. Money lost. But either way, at least I had my interview. It's sad because you sit and wait for the interview and have to keep renewing either your EAD or your Advanced Parole and paying money that may or may not be useful. I lost just on the EAD but at least now I'm in my final, final stages. I'm waiting for my citizenship interview, so have come a LONG way from filing back in '99.

Best to all

Quyrah (formerly MTL, now TN
RV (formerly TX, now TN)

Originally posted by sequoia
Rete,
That is not exactly correct. I got my interim on day 91 from the local office, and it is just good for 3 months (I-765 sent to Chicago since I am a K3). In my case half the time that it is valid is already over, and there is still no movement on my I-765. I am getting worried that it might already expire again before I even get the I-765 approved!
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