| Q. |
EAD Expiration
I'm a school board employee for 9 years with all benefits and pension. I-485 employment based is pending. EAD expires January 7, 2009. I applied for a renewal November 11, 2008 only 59 days before expiration. Do I lose my job, benefits and pension if my renewal is not processed within the 59 day timeframe? Can I expedite? Can I take an unpaid leave? What are my options?
User's Location:
Riverview, Florida, United States of America
Category:
Employment-based Green Card
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| A. |
You may have to take an upaid leave if your new EAD is not received by 01/07/09. On the 90th day from the date you filed the EAD extension, however, you are entitled to interim work authorization while waiting for the new EAD (up to 240 days). On the 90th day, we usually schedule a infopass appointment for our clients to go to USCIS and request the interim EAD. Your employer cannot fire you because you have not received the extension. By the same token, however, your employer should not allow you to work unless and until you have an EAD. |
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Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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