Work papers

[Larry & Meirong]

received their green card yet. If a person has a one year work card and it expires while they are still working-and the green card has still not been issued-what should a person do? Should they leave the job until the new work permit is received? It looks like it takes 90 days to get the new work permit.

 

Would it affect the I-485 application if they are working without having a valid work permit?

[david_dawei]

This is a hotly posted topic on VJ.. I'm surprised that it does not show up hardly at all...

 

Let's breakdown the issues:

 

1. Quite a few [at VJ] comment on expiring cards and no green card yet.

 

2. If your approaching the expiration, USCIS recommends applying for an extension with three months prior; This makes sense since you can go to the local office to get a temp EAD if the processing takes over 90 days. (the average is really closer to 2 months; we got ours in 45 days)

 

3. Most will tell you that you must leave your job... You have fallen into what CIS Ombudsman has called the "EAD gap" ; that spot inbetween authorized work periods (via an EAD) when it appears a persons is unauthorized to work (waiting on an EAD).

 

There is a little wiggle room in this though;

 

You will note that on the employers I-9, it states that:

 

"Employers must complete Section 2 by examining evidence ofidentity and employment eligibility within three (3) business days ofthe date employment begins. If employees are authorized to work,but are unable to present the required document(s) within threebusiness days, they must present a receipt for the application of thedocument(s) within three business days and the actual document(s)within ninety (90) days."

 

According to the employers instructions, if the employee is work authorized, they need only present a receipt of filing.. and have 90 days to show the actually card... See the connetion in the 90 days ?!

 

The debate centers around whether the visa holder is truly work authorized in that 'EAD gap' or not...

 

Those that hold to the position that a K1 is authorized, recommend talking to the employer and asking their opinion as well;

 

Others will say that the responsibility for ensuring your work status is theirs, not yours; so don't provide anything till they ask; some might not ask but once a year.

 

4. Will it affect the I-485 ? This has been my concern, employer responsibility stops at this issue... If the VO considers you having worked "unauthorized", what's the effect ? I don't know.

 

I have heard that issues like "overstay" and "working unauthorized" are forgiven in marries to a USC... I cannot say this is always the case...

[izus]

most likely this will happen to us due to the fact Orlando is 700+ days for interview date

 

[Patrick & Li]

Yep, Ours has been expired for 3 months now.