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Working On Expired Ead While Renewal Application Pending

Discussion in 'I-140 job portability' started by Nuke Vader, Jun 23, 2015.

  1. Nuke Vader

    Nuke Vader New Member

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    Hi,

    First of all thank you for this forum. It is a great help.

    I am a J2 Visa holder and I have been working on a Employment Authorization Document (EAD) for almost 3 years in NC. I got the extension of legal presence (DS-2019) for another 2 years but Unfortunately I applied for renewal of my EAD late, and now I am worried I will not get it on time before the current one expires on 6/30. I applied on 5/20 but USCIS sent notification they received my documents and started to review my case only until 6/16, so:

    1. Will I have to quit my full time job if I don't get the renewal before 6/30? can I take a leave of absence or PTO, or something else so I don't risk to loose my job?
    2. What would the implications be if I keep working on the expire EAD and when I get the renewal just pass it on to HR of my company? Will this violation affect a future possibility of changing status to H1B or something else?
    3. What are the odds for my company to be inspected and get in trouble because of keeping me employed with an expired EAD?

    Thank you very much in advance.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you work after your EAD expires and before the new one arrives, that will be a violation of your status and unauthorized employment. Always file a renewal more than 90 days before the expiration of an EAD.
     
  3. Nuke Vader

    Nuke Vader New Member

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    Thanks for the prompt answer. Should I quit my job then? or an FMLA will do? what are the implications of such violation? thanks.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You may take a leave of absence while you are waiting. You don't have to quit.
     
  5. Nuke Vader

    Nuke Vader New Member

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    Thank you very much!
     

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