EAD renewal pending clarification


kabbin

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Hi -

I've tried looking for an firm answer to this question however could not find it.

I have applied for renewal of my EAD but I miscalculated my dates and I'm close to my expiration date. I know that I cannot work until I have the physical EAD card in hand. However I need some clarifications....

1. If the employer allows for "Unpaid Leave of Absence", is that considered legal?

2. If allowed to take unpaid LOA, what grounds can be used to negotiate with my employer?

3. If employer agrees to unpaid LOA should they be sending a letter to USCIS stating the same?

4. If unpaid LOA still makes it illegal, the only way to stay legal would be resign or have my employer terminate me?

Any inputs would be very much appreciated.

P.S: Please no bashing necessary since I already know I screwed up by filing for renewal really late and I'm regretting it since then.

Thanks in advance,

SK

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  • 3 weeks later...

Well just updating this thread with my situation, hopefully may help others.

EAD based on pending I-485 (NSC)

Filing Date: 03/14/2011 (eFile)

Note: Mailed all supporting documents right away

Notice Date: 03/14/2011 (received the notice by mail on 03/16/2011)

EAD expiry date: 05/10/2011

Spoke to the employer and based on the recomendation by the company attorney, I was terminated from my position on 05/10/2011 based on the technicality that one cannot work when a EAD application is pending.

Below is what I did to get my approval:

Opened a SR on 05/09/2011 stating that I'll incur huge financial loss personally and also will affect the employer financially.

Application was rejected ouright on 05/11/2011 with the reason that my application is still not 70 days old (received a email).

Sent a email to 05/11/2011 with all documents and letters from company and myself stating the financial impact of the situation.

Received a email acknowledgement that a analyst will review and act on it accordingly.

Also on 05/11/2011, went to the local congressman's office and requested them to send a letter on my behalf. This was the worst part of this ordeal. Although the office was very polite and professional, they had not sent a letter until the 05/16/2011, atleast that's what I was told by the staff member and upon follow ups, I was told to leave a message and never got a response, so I doubt if they did anything at all (very disappointing to say the least).

On 05/16/2011 (due to the disappointment from the congressman's office's response), I called up USCIS and opened a new SR again (it had been 63 days by then) with the same criteria that I'm now out of a job as I was terminated (when previous SR was opened, I was still employed, but would be terminated the next day) and the impact it has had.

On 05/23/2011, I received a email from USCIS that the card production has been ordered on 05/20/2011 (overall 67 days).

Seems like opening a new SR after termination did the trick (since it was a genuine case of termination).

Hopefully this info helps.

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  • 2 weeks later...

Hi,

Which number to contact USCIS to talk to the customer service? I tried calling but I hear automated response. Also Do you receive FP notice after you apply for EAD? Its meen 34 days I have applied for EAD and I have not received FP notice and status is still showing "Initial Review". Its only 40 more days I have on my old ead. Please let me know. Thanks.

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  • 2 weeks later...

It's the same number listed on your I-765 receipt notice (1-800 #).

In the automated options, you have the option to open a service request which will take you to a live rep. Anyhow you are within the 30 days, so I suggest wait atleast until its 60 days. if you read my situation, the 1st expedite service request was cancelled right away when I still had the job (I had a day left before termination).

Regards to the FP notice, I don't think every one receives that request. I got one when I filed for my 485/EAD in 07 and haven't been asked for a new one until now (this was my 2nd EAD renewal with a 2 yr term). I believe its on per case basis that they may request for a new FP.

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