Starting work with EAD status "Card was Ordered to be Produced"

[samdart]

Here is my current status

 

EAD and AP Filed on 12/19/2014

Raised expedite request on 3/4/2015

Expedite request denied on 3/10/2015 (Reason: Case was already assigned to an Officer)

Contacted Senator on 3/13/2015

RFE issued on 3/17/2015 (for Photos)

EAD Expired on 3/18/2015

On unpaid leave since.

Received letter from Senator stating the same reason for the expedite request denial.

EAD "Card was ordered to be produced" on 4/6/2015

AP "Case was approved" on 4/6/2015

Called up USCIS Customer Support and asked the rep if I could start work as my card was ordered. The rep stated that technically the case was approved as of 4/6/2015 and if the employer allows us to work by seeing the current status update, we could start work and produce the EAD card within 90 days.

 

My lawyer says that I cannot work until we have the EAD card in hand.

 

I am seeing mixed responses regarding the situation of working on EAD approval (notice or notification). I believe that the start date on the EAD would be the approval date (which in our case is 4/6/2015).

 

Can someone please advise?

 

Thank you in advance

Samdart

[pontevecchio]

The operative words are "If the employers HR allows you to start" Nothing to understand here. If they want to wait for the actual card then you have to wait for the card. I agree the employer can certainly ask you to start if they choose.

[venki.vidi]

Agree with you that this has mixed response. My lawyer said I can work while the case is approved but I called USCIS customer service twice and both times the customer service rep said I have to wait until I possess the card in hand. I don't know whom to rely on about this.  There is no official guidance on this anywhere in the USCIS. Now, waiting for card arrival before I can go back to work. 

 

Bottom line--it appears there is no clear answer and depends upon the HR department. 

What seems silly to me is: while one applies for H1B visa renewal, he/she is allowed to work just with a mere renewal application submission but not for someone on a EAD and has online approval status confirming that and having an official email from USCIS that the case is approved and card is being sent? This needs to changed particularly with the huge back-log in processing these applications by USCIS. Lots of people are being affected financially.