Working on Expired EAD

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Old Dec 12th 2017, 6:28 am
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Default Working on Expired EAD

My wife and I just realised that her EAD has expired about 2 weeks ago. She is on an L2 visa linked to my L1b. My visa is set to expire in January, but my work are in the process of applying for the 2 year extension at the moment. We have re-applied for her EAD but I wanted to know what the implications are of her continuing to work, and if there is anything we can do to expedite the process? Thanks for any help.

Last edited by ocaiden; Dec 12th 2017 at 6:54 am.
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Old Dec 12th 2017, 12:24 pm
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Default Re: Working on Expired EAD

eh - she is working illegally. And no...there is no way to expedite. EAD takes as long as it takes (currently 4 to 5 months)

She will need to quit her job ASAP as both she AND her employer can now get into trouble.
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Old Dec 12th 2017, 12:28 pm
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Default Re: Working on Expired EAD

I'd speak to an experienced immigration lawyer, hired independently of your employment, before doing anything precipitate. I certainly wouldn't panic based on posts on a public Web forum.
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Old Dec 12th 2017, 1:07 pm
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Default Re: Working on Expired EAD

In the process of filing extension is not filed an extension. Extensions are taking 6 months too. You need to jump on this soon and also recheck your I94 dates
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Old Dec 12th 2017, 3:55 pm
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Default Re: Working on Expired EAD

Originally Posted by deadshoppingmalls
eh - she is working illegally. And no...there is no way to expedite. EAD takes as long as it takes (currently 4 to 5 months)

She will need to quit her job ASAP as both she AND her employer can now get into trouble.
Yes there are ways of expediting. Don't spread misinformation.
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Old Dec 12th 2017, 4:03 pm
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Default Re: Working on Expired EAD

Originally Posted by tom169
Yes there are ways of expediting. Don't spread misinformation.
Indeed there is - https://www.uscis.gov/forms/expedite-criteria

However I don't see "not paying attention to expiration dates" as one of them
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Old Dec 12th 2017, 4:46 pm
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Default Re: Working on Expired EAD

Originally Posted by deadshoppingmalls
Indeed there is - https://www.uscis.gov/forms/expedite-criteria

However I don't see "not paying attention to expiration dates" as one of them
It would fall under financial loss to person or company.

I believe Tom successfully expedited his EAD (?) and although it was his first EAD, I'd assume it would actually be easier to expedite a renewal.

OP - Consult with an experienced immigration attorney but in the mean time I'd get that renewal processed ASAP. If you're looking for what to send in - my thread in Marriage Based Visa's lists what I sent in for renewal as I did mine a few weeks ago.
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Old Dec 12th 2017, 6:39 pm
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Default Re: Working on Expired EAD

Originally Posted by BenK91
It would fall under financial loss to person or company.
Exactly.

Originally Posted by BenK91
I believe Tom successfully expedited his EAD (?) and although it was his first EAD, I'd assume it would actually be easier to expedite a renewal.
Yup.
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Old Dec 12th 2017, 8:35 pm
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Default Re: Working on Expired EAD

I expedited mine based on financial loss to company. Get your local politician involved. Mine was expedited in 24 hours.
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Old Dec 12th 2017, 9:31 pm
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Default Re: Working on Expired EAD

Thank you all for the inputs. We are looking into an attorney to help us with this. It looks like there is no way for her to continue working wile we sort this out. We are going to talk to her employer and see what we can do whilst it is being processed, and how much we can expedite it.
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Old Dec 12th 2017, 10:09 pm
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Default Re: Working on Expired EAD

Originally Posted by ocaiden
Thank you all for the inputs. We are looking into an attorney to help us with this. It looks like there is no way for her to continue working wile we sort this out. We are going to talk to her employer and see what we can do whilst it is being processed, and how much we can expedite it.
Hopefully they can give you some options (the employer and the attorney). Best of luck and keep us updated
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