EAD renewal question

[Mark]

I am in the process of adjusting my status from F1 to PR. My EAD will expire 11/5, and I applied for a renewal, and received a receipt notice dated 9/3/03. I have not heard anything since then. Does anyone know what the law states here? Is it ok to continue working since I have my receipt notice for renewal, or do I have to stop working until I get a new EAD? Any information, or shared similar experiences would be appreciated.

[Mark]

I am in the process of adjusting my status from F1 to PR. My EAD will expire 11/5, and I applied for a renewal, and received a receipt notice dated 9/3/03. I have not heard anything since then. Does anyone know what the law states here? Is it ok to continue working since I have my receipt notice for renewal, or do I have to stop working until I get a new EAD? Any information, or shared similar experiences would be appreciated.

[Bambina]

HI Mark,
You should send your application for employment three month before your EAD expired.
This same situation is happen to me too.I got my EAD after 7 days to my current Ead already expired.

[Mark]

Did you receive it in the mail, or did you go to your local BCIS office? Also, what did you do while you were waiting for your renewal (after your EAD expired)?

[kramer]

hi mark- just my 2 cents-
from what I understand, you can continue working in the same job whilst you wait for your new EAd-Until it is denied, you are still in legal status.
This was my situation 2 years ago on F-1- I dunno if it has changed

[lawgal]

You need a valid EAD card to have work authorization; you do not have work authorization while the EAD renewal is pending.

Your employer is required to document that all of its employees have employment authorization. When your current EAD expires, unless you have received the new EAD card, your employer cannot allow you to work.

[Mark]

Lawgal and others: Everyone is saying the same thing, including my lawyer. However, the HR manager of my company called immigration, and they said the opposite. They said as long as they have a copy of my receipt notice, I can keep working. ??? I don't know exactly what to believe in this situation.

[lawgal]

I would strongly advise your employer NOT to rely on telephone information provided by immigration. The folks that work the customer service line are NOT immigration experts, they just work from a script. I suspect that the Immigration person thought that you had applied for an H-1B extension, which does authorize employment while the extension is pending.

The EAD card is the only thing that grants employment authorization, not the receipt.

Good luck.

[Mark]

I asked my company to doucle check, and they did, came to the same conclusion that I need the EAD. I am going to the BCIS office on Monday to request an interim EAD while waiting for a new one... wish me luck

Thanks for your advice, I appreciate it.