EAD renewal under processing -taking leave at work to avoid termination

[crazykrans]

Hi,

My EAD is expiring on 11/14, H1B expired several years ago. Renewal was applied in 1st week of Sep 2012. There was an RFE (new photographs required) which I responded promptly on 10/24. USCIS received response same day and reviewing it. At this time I'm not sure I will get my EAD approved by 11/14. I'm travelling to India on 11/21 since I have a valid AP.

here are my questions -

1. I know I can't work beyond 11/14 if I don't have renewed EAD by then. Can I go on leave from just a day before at work until I receive my EAD. Technically if you are on leave employer cannot terminate you. Are there any consequences with this approach? Renewed EADs are usually backdated to start the new validity period from date of previous expiry.

2. Lets say EAD is not renewed by the time I return to US, can I say I'm not working but on vacation at the port of entry. Do they even care if I'm working or not. What if they ask for my EAD ( I will have my expired EAD with me)

3. Lets say if my renewed EAD is approved while I'm in India, do you suggest I have my new EAD sent to India so I can carry it with me on my return to US.

Thanks,

KT

[pontevecchio]

The EAD is not material to entry. You are allowed up to 180- days of unauthorized work in your situation. Hence I would continue working till you leave and after you come back. You should speak to HR .