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-   -   Renewal EAD... (https://britishexpats.com/forum/usa-57/renewal-ead-419439/)

Dante Feb 6th 2007 7:11 am

Re: Renewal EAD...
 
I really wouldn't trust any expected processing time given by the USCIS. I was told to wait 90 days for a replacement residency card and still didn't have it after a year. I had to keep going back to the immigration office in person to get extension stamps put in to my passport.

Technically, you are not required to produce an EAD to you employer, just proof, ANY proof, of your legal right to live and work here - a drivers license and social security card for example.

Google "Form I-9", that's what your employer has to fill in and that's all they're interested in satisfying. If they keep insisting on seeing an EAD, even after you've shown other legal documentation as outlined on the I-9, you can start threatening them with harrassment. Then things really get fun...been there, done that.

Elvira Feb 6th 2007 7:15 am

Re: Renewal EAD...
 

Originally Posted by Dante (Post 4371682)
I really wouldn't trust any expected processing time given by the USCIS. I was told to wait 90 days for a replacement residency card and still didn't have it after a year. I had to keep going back to the immigration office in person to get extension stamps put in to my passport.

Technically, you are not required to produce an EAD to you employer, just proof, ANY proof, of your legal right to live and work here - a drivers license and social security card for example.

Google "Form I-9", that's what your employer has to fill in and that's all they're interested in satisfying. If they keep insisting on seeing an EAD, even after you've shown other legal documentation as outlined on the I-9, you can start threatening them with harrassment. Then things really get fun...been there, done that.

A driver's licence does not represent proof of right to work.

The SS card will be marked "not valid without work authorization', or words to that effect; i.e. it can only be used for work in association with either an EAD or an I-551/green card.

There is no basis for threatening the employer with harrassment.

Dante Feb 6th 2007 7:29 am

Re: Renewal EAD...
 

Originally Posted by Elvira (Post 4371707)
A driver's licence does not represent proof of right to work.

The SS card will be marked "not valid without work authorization', or words to that effect; i.e. it can only be used for work in association with either an EAD or an I-551/green card.

There is no basis for threatening the employer with harrassment.

I didn't mean to imply that a Driver's Licence was proof of one's right to work, just that it satisfies the List B requirement on the I-9 to prove one's identity. A social security card satisfies the I-9s List C requirement to provide proof of eligibility to work. My point being that you don't need to provide an EAD in order to keep your job, and if the employer insists, you DO have legal recourse as the USCIS clearly considers it harrassment.

If you have NONE of the possible documents listed on the I-9, and you still haven't received your EAD, then as others have said, I see little choice but to visit the USCIS office for a temporary stamp.

My initial comment about not trusting the USCIS's estimated processing times still stands.

Noorah101 Feb 6th 2007 9:21 am

Re: Renewal EAD...
 

Originally Posted by Dante (Post 4371751)
I didn't mean to imply that a Driver's Licence was proof of one's right to work, just that it satisfies the List B requirement on the I-9 to prove one's identity. A social security card satisfies the I-9s List C requirement to provide proof of eligibility to work.

So then the employer sees the SS card, which says only valid with work authorization....then he has the right to see the work authorization (EAD). Seems to me the EAD is a necessary document to show your employer to prove you have the right to work.

Rene

Noorah101 Feb 6th 2007 9:22 am

Re: Renewal EAD...
 

Originally Posted by Dante (Post 4371751)
My initial comment about not trusting the USCIS's estimated processing times still stands.

I agree with this statement.

Rene

Dante Feb 6th 2007 10:27 am

Re: Renewal EAD...
 
"So then the employer sees the SS card, which says only valid with work authorization....then he has the right to see the work authorization (EAD). Seems to me the EAD is a necessary document to show your employer to prove you have the right to work."

But if you have the regular SS card, with no restrictions, you're good to go. Personally, I received my EAD. I got my SS Card without restrictions. My EAD expired before I got my residency card. My employer started threatening to fire me if I didn't produce a new EAD, but I was able to get round it by showing my unrestricted SS card, proof of identity and a threatened law suit.

This is only useful to know if you have a fully functional SS card.

Noorah101 Feb 6th 2007 12:18 pm

Re: Renewal EAD...
 

Originally Posted by Dante (Post 4372484)
"So then the employer sees the SS card, which says only valid with work authorization....then he has the right to see the work authorization (EAD). Seems to me the EAD is a necessary document to show your employer to prove you have the right to work."

But if you have the regular SS card, with no restrictions, you're good to go. Personally, I received my EAD. I got my SS Card without restrictions. My EAD expired before I got my residency card. My employer started threatening to fire me if I didn't produce a new EAD, but I was able to get round it by showing my unrestricted SS card, proof of identity and a threatened law suit.

This is only useful to know if you have a fully functional SS card.

Well, there you go. You mistakenly got an unrestricted SS card, so this worked for you. Most people who hold an EAD do NOT have an unrestricted SS card, so your post was misleading.

Rene

Dante Feb 6th 2007 3:29 pm

Re: Renewal EAD...
 

Originally Posted by Noorah101 (Post 4372715)
Well, there you go. You mistakenly got an unrestricted SS card, so this worked for you. Most people who hold an EAD do NOT have an unrestricted SS card, so your post was misleading.

Rene

Are you serious!?! All these years I've just assumed that every immigrant just got an unrestricted SS card right off the bat. Suddenly, hundreds of forum posts are making sense to me.

Noorah101 Feb 6th 2007 5:17 pm

Re: Renewal EAD...
 

Originally Posted by Dante (Post 4373066)
Are you serious!?! All these years I've just assumed that every immigrant just got an unrestricted SS card right off the bat. Suddenly, hundreds of forum posts are making sense to me.

Yep, I'm serious. When one needs USCIS work authorization, their SS card usually has a legend on it that says "valid for work only with DHS authorization" or something similar. That's what gives an employer the clue to ask for additional documentation showing the alien has an EAD.

When the alien receives his/her PR status (green card), the EAD is no longer necessary, so he/she can go to the SS office and apply for an unrestricted card.

I should add that folks coming in on an Immigrant Visa (CR-1 or IR-1) will get the unrestricted SS card, because they become PRs upon entry to the USA, and don't need EADs. Folks entering on K1 or K3, will need EADs and thus get the restricted SS card.

Learned something new today, eh? ;)

Rene

carpdiem Feb 12th 2007 5:52 am

Re: Renewal EAD...
 
My husband recieved his EAD last Saturday. Which was about 9th day after the Lady at USCIS emailed the service center about processing the Ead :)

-Sanna

workboresme Feb 12th 2007 6:51 pm

Re: Renewal EAD...
 

Originally Posted by Dante (Post 4373066)
Are you serious!?! All these years I've just assumed that every immigrant just got an unrestricted SS card right off the bat. Suddenly, hundreds of forum posts are making sense to me.

Utterly serious! My SS card has the "valid only with DHS authorization on it", and as I start a new job next week I've dug out the EAD from the safe.

Also - I think one of the reasons it's so difficult to book an Infopass appointment for the EAD thing is because most offices aren't giving them out anymore, therefore, they're not accepting appointments for them - I just don't think USCIS have updated their software :blink:


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