Temp stamp EAD about to expire

[johns]

My wife received the temp stamp at JFK on arrival and she is presently working part time. Her stamp and K1 expires on May 30th.

Her biometric fingerprinting is on the 31st

 

Correct me if I am wrong but she does have to stop working after May 30th until she receives the official EAD card???

 

I hate these little time gaps of BS!!!!!

 

Thanks for any help

[tonado]

http://candleforlove.com/forums/index....b5e084cc45e81fc

 

I will say that she has to stop working.

[Dan R]

No she does not have to stop working. It is mostly up to employer's policy though. Do not bring it up unless the employer does. Most employers, myself included, do not keep close tract of expirations and review only annually if that. As long as the AOS is in progress the employer might face a wrongful termination law suit for terminating without a notice to terminate from the government. The temporary permit had the intent of her finding continual employment based on her applying for AOS. Unless there is a rejection of the AOS, termination would violate the intent of the permit which must be determined in court. Because the issue is so involved and can not be decided without a federal labor board hearing most employers just wait for additional paper work from the government rather than risk the liability.

[tonado]

No she does not have to stop working. It is mostly up to employer's policy though. Do not bring it up unless the employer does. Most employers, myself included, do not keep close tract of expirations and review only annually if that. As long as the AOS is in progress the employer might face a wrongful termination law suit for terminating without a notice to terminate from the government. The temporary permit had the intent of her finding continual employment based on her applying for AOS. Unless there is a rejection of the AOS, termination would violate the intent of the permit which must be determined in court. Because the issue is so involved and can not be decided without a federal labor board hearing most employers just wait for additional paper work from the government rather than risk the liability.

You should be careful with this.

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http://www.usvisanews.com/questions/wedque...est012600.shtml

 

"My adjustment of status is pending. My current EAD will be expiring sometime end of February 2000 and I have filed for renewal on the last week of November 1999. What happens if my EAD expires before my renewal comes? Am I out of status? Should I stop working?

 

A. First, you are not out of status just because your EAD expires. As long as the Adjustment is still pending, you will be in status whether or not you have work authorization. However, if you are working, you must have the EAD (or some other valid visa which authorizes work) or you will be engaging in unauthorized employment. If you decide to work on the expired EAD before the new EAD arrives, then your Adjustment may be denied on that basis. So the best advice is to always file for the EAD renewal at least 90 days before it is due to expire, and not to work after your previous card expires until the new one arrives. (Extra tip: If you have filed for your new EAD, and you have waited more than 90 days, you are permitted to start working again. This is why we recommend you always file at least 90 days before it is due to expire- that way you will never have a gap in your work authorization. Remember, this is only if you have waited at least 90 days for your new card and it hasn't arrived yet.)"

[tonado]

http://www.immigration-information.com/for...php/t-3406.html