loss of employment while EAD renewal is pending

[nwark]

My current EAD is set to expire on Sept 20, 2012.

I have a current H1B, and approved I-140 and a I-485 (EB-3) that has been pending for 5 years.

I have applied for EAD renewal and received a receipt from USCIS on 1st May, 2012. Since current processing times are 3 months, I expect to complete the fingerprinting process and receive the next EAD card sometime around Aug 31st, 2012 or later.

I've been told by my company that my employment will end by May 15th and I dont think I'll find another job by then.

Not sure how EAD renewal works.

Q1. Can my company prevent EAD renewal or will it be refused because of lack of employment?

Q2. What happens if my new EAD doesn't arrive before the current one expires? Am I out of status and can I continue to seek employment after the new one arrives?

Q3. How long can one stay umemployed on a current EAD card and still expect to receive a green card eventually?

Would appreciate some quick accurate responses since I'm running out of time.

Thanks!

[nwark]

It's been\over 180 days+ with my current EAD.

[H1BExtensionAspirant]

Hello Newbie,

EAD renewal can be applied by ourselves and employer support is not required. We dont even need to put the employer name in the form, the reason being that we can even be unemployed in EAD status for a unlimited time. (EAD is a higher status- and is not employer dependent like H1).

However, the only distinction in this status is we need to have the physical EAD card with us to work (just like GC holders and citizens - we are now in this "higher" bucket!). We cannot work based on a 'pending EAD status', like H1. If your EAD has been pending for more than 90 days, USCIS, we need to book a infopass appointment and obtain a interim EAD with which we can either apply for a new job or continue on the same job. Hope this helps!