Steffi

Ok, so I know there's been talk that as long as you can show your notice that you have applied for a EAD renewal that you'll be fine, but I just came across this and am doubting the previous info now!!

http://uscis.gov/graphics/services/e...nfo/EIB102.pdf (page 5)

"RECEIPT RULE: Employees who do not possess the required documentation when employment begins may not submit receipts showing that they have applied for initial applications for documents or for applications for extension of documents. An employer may only accept receipts for:
• A replacement document in lieu of the required document if a document was lost, stolen, or damaged. The replacement document must be presented within 90 days of the hire or, in the case or reverification; the date employment authorization expires.

Common example: An EAD (Form I-688B or I-766) is generally valid as evidence of work authorization for one year. The EAD may be renewed by the submission of a new application to the U.S. Citizenship and Immigration Services. Accordingly, a receipt acknowledging such an application is unacceptable."

Noorah101

Wow...don't show THAT to your employer!

Rene

Coolman

Wow, I am not sure who told you that you could work with an expired EAD.
It is not true unfortunatley. If yours expires and you do not have the
new one then you have to stop working technically. A good rule of thumb
is to apply for the renewal 90-100 days prior to the expiration. If you
approach the 90 day barrier make an infopass appointment at your local
center on the 91st day and they will be required to issue a temp EAD
that will be effective that day and good for several months until your
original EAD is approved. Always nkow the processing times for your
local office and if they fwd EAD's to the NBC for processing (efiling
is done at the NBC).


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Bob

ouch...

nathan barley

A decent search of Google will show 10 websites that say showing a receipt is perfectly OK to continue working, and 10 saying it isn't.

I took the safe route and stopped working until I got my interim EAD. 5 days later, MSC sent my actual renewal EAD. I didn't doubt for more than a minute that just showing the receipt was acceptable.

sphyrapicus

I think you need to focus on three words - "when employment begins".

Employees who do not possess the required documentation when employment begins

Bob

There is that too

Hypertweeky

Hey you have got a point!!, Steffi I wish you all the luck in the world, hang in there girlie.

Ps: I LOVE your wedding pictures, you made a very pretty bride!!!

Steffi

Hmmm. As much as I'd like to take it that way I'm just not convinced 100%. I should probably rather be safe than sorry. I'm a freelancer anyway, so it's not like I'm going to loose my job over it or anything, and I think my husband can support the two of us for a few weeks - afterall, we managed before I got my EAD too. I'll just hope that it will come very soon after the other one expires. I just wish now that I would have read the part where they tell you that you can apply 6 months in advance. I just went back to where you download the forms and I only recall it still saying 90 days there (which is when I sent it off).

Thanks guys! I just hope this clears up our previous talk about whether or not you can continue working when you have applied for your renewal. If someone finds a USCIS document stating otherwise PLEASE LET ME KNOW!

sphyrapicus

OK, how about INA 245 (C )?

Steffi

Can I just type that in the search and fine it? or could you point me in the direction of whatever it is?

sphyrapicus

(c) 1/ Other than an alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv),(A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section 204(a)(1), subsection (a) shall not be applicable to (1) an alien crewman; (2) 1/ subject to subsection (k), an alien (other than an immediate relative as defined in section 201(b) or a special immigrant described in section 101(a)(27)(H), (I), (J), or (K)) who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status or who has failed (other than through no fault of his own or for technical reasons) to maintain continuously a lawful status since entry into the United States; (3) any alien admitted in transit without visa under section 212(d)(4)(C); (4) an alien (other than an immediate relative as defined in section 201(b)) who was admitted as a nonimmigrant visitor without a visa under section 212(l) or section 217; (5) an alien who was admitted as a nonimmigrant described in section 101(a)(15)(S); (6) an alien who is deportable under section 237(a)(4)(B); 1a/ (7) 2/ any alien who seeks adjustment of status to that of an immigrant under section 203(b) and is not in a lawful nonimmigrant status; or (8) any alien who was employed while the alien was an unauthorized alien, as defined in section 274A(h)(3), or who has otherwise violated the terms of a nonimmigrant visa.

http://uscis.gov/lpBin/lpext.dll/ins...htm#slb-act245

Steffi

So what does that mean in english? *blush*

Hypertweeky

Waiting for a translation too!!

Me

Steffi wrote:
    > Ok, so I know there's been talk that as long as you can show your notice
    > that you have applied for a EAD renewal that you'll be fine, but I just
    > came across this and am doubting the previous info now!!
    >
    > http://uscis.gov/graphics/services/e...nfo/EIB102.pdf (page 5)
    >
    > "RECEIPT RULE: Employees who do not possess the required documentation
    > when employment begins may not submit receipts showing that they have
    > applied for initial applications for documents or for applications for
    > extension of documents. An employer may only accept receipts for:
    > • A replacement document in lieu of the required document if a document
    > was lost, stolen, or damaged. The replacement document must be presented
    > within 90 days of the hire or, in the case or reverification; the date
    > employment authorization expires.
    >
    > Common example: An EAD (Form I-688B or I-766) is generally valid as
    > evidence of work authorization for one year. The EAD may be renewed by
    > the submission of a new application to the U.S. Citizenship and
    > Immigration Services. Accordingly, a receipt acknowledging such an
    > application is unacceptable."
    >