EAD Expiry

[devenderthota]

My wife's EAD is expiring on Sept'04. We have appled for EAD extension along with L1,L2 Extension. both are pending with USCIS.
So Can she work even after Spet.04 if we dont get EAD in time.
IF not..is there any other way to retain her job ? or any other LEGAL approach ? Please advise.

Thanks,
Dev

[knowledgeable]

She needs EAD ...

... to work since the original visa is H4. By then she should get the EAD approval &/or the card itself.

If not, then for that period of time she cannot work.

Take care.

[devenderthota]

EAD Expiry

TXh1b or Senior members,

I heard there is a section 245(K) which exempts 180 days of unautorised work , in situations like gap b/w EAD expiry and new Renewal EAD.


Can you please tell me more about this.
FYI, My wife is on L2 and working on EAD which expires on sept'04,2008. waiting for NEW Renewal EAD and looks like it may be late for at least one month from sppt,04.
Please suggest me how to deal with this situation. knowledgeable/txh1b , your suggesion is required for me.

Thanks
Dev

[orion]

245(k) is for those aliens who after a short period of out-of-status or unauthorized employment will file for adjustement of status. Are you going to file for AOS?

Its a completely different ground, that does not apply to your case.

[txh1b]

245(k) is to be used in AOS times if needed only if a person was successful in getting admitted into US on a non-immigrant status.

No body counts on 245(k) now and works past the authorized period as one could be refused entry upon future entry.

[devenderthota]

Txh1b/ orion,

You mean...if we work past EAD expiry (For Few days), we may have problems for future entry into US ?

In that case Resigning the Job is the only solution for us ? pl suggest

Regards,
Dev

[txh1b]

You mean...if we work past EAD expiry (For Few days), we may have problems for future entry into US ?

No illegal work. Not even for a day. Period. That is the law. You could even get deported and the employer fined thousands of dollars for employing someone without authorization. No exceptions. Problems at POE, future visa stamps, re-entry, GC etc.

[knowledgeable]

I am not sure, TXH1b may be ...

... able to clarify, but you may not have to "resign" but should take a "long leave". That way payroll for that period is not run on your name

Take care.