Worried about expiring EAD
Jan 14th 2005, 7:14 pm
#16
Guest
Posts: n/a
Re: Worried about expiring EAD
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."
>
The answer is that applying for renewal or extension of the EAD does not
in itself confer continued employment authorization.
The "receipt rule" actually deals with the situation in which you have
lost your EAD and or other employment authorizing document (example: the
'green card') and have applied for a replacement. The employer may
accept the receipt for up to 90 days until the replacement document
arrives unless the employment is scheduled to last for three days or
less (example: a short-term temp job). For jobs scheduled to last three
days or less, a receipt may not be presented in lieu of the actual document.
The actual regulation is not the one quoted by another in this thread.
The regulation is at 8 C.F.R. 274a.2(b)(1)(vi), which may be accessed
from the USCIS website at http://www.uscis.gov.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
> 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."
>
The answer is that applying for renewal or extension of the EAD does not
in itself confer continued employment authorization.
The "receipt rule" actually deals with the situation in which you have
lost your EAD and or other employment authorizing document (example: the
'green card') and have applied for a replacement. The employer may
accept the receipt for up to 90 days until the replacement document
arrives unless the employment is scheduled to last for three days or
less (example: a short-term temp job). For jobs scheduled to last three
days or less, a receipt may not be presented in lieu of the actual document.
The actual regulation is not the one quoted by another in this thread.
The regulation is at 8 C.F.R. 274a.2(b)(1)(vi), which may be accessed
from the USCIS website at http://www.uscis.gov.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
Jan 17th 2005, 5:16 am
#17
K1 via London
Thread Starter
Joined: Sep 2003
Location: Atlanta, Georgia
Posts: 1,959
Re: Worried about expiring EAD
Originally Posted by Jonathan McNeil Wong
For jobs scheduled to last three
days or less, a receipt may not be presented in lieu of the actual document.
days or less, a receipt may not be presented in lieu of the actual document.
Jan 18th 2005, 2:04 am
#18
Guest
Posts: n/a
Re: Worried about expiring EAD
Do I still need to renew EAD if I received conditional residence?
Jan 18th 2005, 7:33 pm
#19
Guest
Posts: n/a
Re: Worried about expiring EAD
PrincessD wrote:
> Do I still need to renew EAD if I received conditional residence?
>
Nope! Conditional permanent residence carries the right to work
incident to that status.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
> Do I still need to renew EAD if I received conditional residence?
>
Nope! Conditional permanent residence carries the right to work
incident to that status.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
