Fifa1

I'm a J-2 visa holder currently awaiting my EAD renewal. I held my initial EAD for just over 2 months due to the expiry date of the DS-2019 that EAD was tied to.

My employer has placed me on an unpaid leave of absence and is eager for me to return to work, as am I. I initially thought I'd be terminated and rehired. All my attempts to expedite renewal was rejected.

I'm due to call USCIS this week (application pending for 75 days) and I want to get the call right and get my EAD renewed ASAP. Can I say that I'm on unpaid LOA and employer wants me back? Will that jeopardise my employer in any way, in case my unpaid LOA is somehow against the rules?

Thanks for any thoughts on how to approach this.

Noorah101

I don't think calling USCIS will do anything for you. You can tell them whatever you want, but I doubt it will make an impression on them to expedite your EAD.

Doubtful.

Be patient.

Rene

Fifa1

Thanks Rene for the reply. Last time I called USICS after 75 days of pending application, I got my approval within 12 days. It may be a coincidence, but USCIS advises applicants to notify the service centres of an approaching regulatory timeframe after 75 days of waiting. The idea being that they will then assign an officer to the case to adjudicate within the 90-day period.

I do take your point that it is more the point at which my application is, rather than what I say, that will inform any action taken by USCIS following my call.

Pulaski

If you're not working and not being paid your "employer" is doing nothing wrong, and neither are you with respect to your authorization to work.

Whether you are in a valid visa status in the US is a different matter.

The chances of your phonecall making a scrap of difference to when your EAD is issued, is approximately zero.

zerlesen

The OP's status should be tied to that of their primary J-1, who presumably now has a new DS-2019. So long as the primary's doing everything they're supposed to, the OP's work authorization isn't a big deal (except to the OP and their employer, but you know what I mean).

Fifa1

What about if employer provides health insurance during that leave of absence?

Fifa1

Correct. Visa status is in order so I do meet requirements for a renewed EAD.

ian-mstm

So what? The only restriction is you not working. What the employer does is irrelevant. If the employer wanted to, they could continue to pay you while you don't work. The restriction is on you working... not on what the employer does!

Ian

Fifa1

Okay, thanks for the opinion, much much appreciated. Helps me rest assured that nothing dodgy is happening in helping me keep a finger on the employment pulse