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DAP Forums > DREAM Act > The Lounge

To work with expired EAD or not

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#1
08-09-2016, 02:11 PM
Junior Member
Joined in Aug 2016
16 posts
More_than_adream
0 AP
Hey guys so my ead expires Sept 4 (second renewal, case submitted june 1st, bio done june
30th) and I have not heard a word from my current employer which I am a DNA scientist in a lab in VA. When I worked at JCPenny they told me 2 months in advance that my ead would expire and they wanted a valid one soon. How a retail company knew and this employer doesnt is baffling lol.

My parents are telling me if they dont know it wont kill them but i also read that if you work past 180 days on an expired ead that will get you in major trouble maybe if you want to AOS when married or something. I also am apart of the development work to make new vaccines and I would hate for someone to investigate me and see that there was a period I was illegal working at this company. I really dont want to cause a huge scene and have everyone i work with know I am under DACA and treat me different either.

What are you guys doing or have as a back up plan if yours becomes expired? Should I talk to HR a week before my ead expires (if it comes to that) and beg for leave of absence? Sucks because my license expires same date as well....UGHHHH
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#2
08-09-2016, 02:16 PM
Senior Member
Joined in Sep 2009
1,372 posts
dreamy14
240 AP
Talk to HR and your supervisor to see if they can offer you a leave of absence while your case is pending. The company I work for would have to let me go when my EAD expires (8/17) but they are willing to take me back as soon as I get my approval. Sometimes it's a matter of communicating to them about your situation to see what your options are. I wouldn't recommend working with an expired EAD. If they terminated you for fraud, not only did you burn bridges with your current company, but it will leave a bad record for you too in the future.
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#3
08-09-2016, 02:22 PM
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From Virginia
Joined in Aug 2012
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Malign0n's Avatar
Malign0n
0 AP
Working illegally is frowned upon but there are very few cases when AOS was denied based on illegal employment. Also, if adjusting via citizen relative, working illegally is not a bar.

Having an open dialogue with your employer is good. Perhaps they can write you a letter to use to get an interim EAD while your case is still pending
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#4
08-09-2016, 02:56 PM
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Joined in Aug 2016
16 posts
More_than_adream
0 AP
Thanks guys I agree too, I think honesty is the best way to go and in that way it wont backfire in the future. And I agree too that working illegally is not the bar for them like my parents still got their greencards after years of illegally working but if i can spare a month of waiting and be unemployed YET can still sleep at night knowing Im choosing the legal way to go then Ill do that than the latter. Hopefully others in the same situation will think twice about keeping it to themselves after reading this thread.
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#5
08-09-2016, 02:58 PM
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Joined in Aug 2012
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0 AP
I'm not going to tell anyone anything.
__________________
2012 Case: Approved. 9/11
2014 Renewal: Approved. 9/02
2016 Renewal: Approved. 9/01

'I do not believe in the collective wisdom of individual ignorance.'
-Thomas Carlyle
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#6
08-09-2016, 03:19 PM
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Joined in Aug 2016
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More_than_adream
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Quote:
Originally Posted by NotAPro View Post
I'm not going to tell anyone anything.
lmao hey do what you feel is best!
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#7
08-10-2016, 10:16 AM
Member
Joined in Oct 2013
57 posts
ap1231
0 AP
Quote:
Originally Posted by More_than_adream View Post
Hey guys so my ead expires Sept 4 (second renewal, case submitted june 1st, bio done june
30th) and I have not heard a word from my current employer which I am a DNA scientist in a lab in VA. When I worked at JCPenny they told me 2 months in advance that my ead would expire and they wanted a valid one soon. How a retail company knew and this employer doesnt is baffling lol.

My parents are telling me if they dont know it wont kill them but i also read that if you work past 180 days on an expired ead that will get you in major trouble maybe if you want to AOS when married or something. I also am apart of the development work to make new vaccines and I would hate for someone to investigate me and see that there was a period I was illegal working at this company. I really dont want to cause a huge scene and have everyone i work with know I am under DACA and treat me different either.

What are you guys doing or have as a back up plan if yours becomes expired? Should I talk to HR a week before my ead expires (if it comes to that) and beg for leave of absence? Sucks because my license expires same date as well....UGHHHH
The reason JCPenny asked for your new EAD is because they will get in major legal trouble if let anyone work who has an expired EAD. Same thing is happening to me. I work at a financial software company, and they sent me a reminder 90 days before my expiration date (exp.Sept 3rd week) to send them a new one. If you see the list of acceptable docs on the I-9, just an acceptance or approval letter from USCIS is not enough...we need to have the unexpired card in our hands and a copy of the card send to HR to continue working.

My plan (if new EAD is not received on time) is to apply to another job when I get the new one. The work I am doing at this place is not fulfilling, nor is it what I really want to do, but it pays well, so I am staying here until I find another job (or until EAD expires).

I would try to do the leave of absence, if possible. Big companies usually wont allow that, but you might give it a shot at your current workplace (its way better than resigning and coming back).

Bold: I feel the same way, thats why if my EAD expires, I am not coming back to this job (even though my employer offered to hire me back). I will be getting my greencard soon anyway, so I am not really worried.

Good luck though, hopefully it all works out for you

Hope this helps.
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#8
08-10-2016, 10:30 AM
Junior Member
Joined in Aug 2016
16 posts
More_than_adream
0 AP
Quote:
Originally Posted by ap1231 View Post
The reason JCPenny asked for your new EAD is because they will get in major legal trouble if let anyone work who has an expired EAD. Same thing is happening to me. I work at a financial software company, and they sent me a reminder 90 days before my expiration date (exp.Sept 3rd week) to send them a new one. If you see the list of acceptable docs on the I-9, just an acceptance or approval letter from USCIS is not enough...we need to have the unexpired card in our hands and a copy of the card send to HR to continue working.

My plan (if new EAD is not received on time) is to apply to another job when I get the new one. The work I am doing at this place is not fulfilling, nor is it what I really want to do, but it pays well, so I am staying here until I find another job (or until EAD expires).

I would try to do the leave of absence, if possible. Big companies usually wont allow that, but you might give it a shot at your current workplace (its way better than resigning and coming back).

Bold: I feel the same way, thats why if my EAD expires, I am not coming back to this job (even though my employer offered to hire me back). I will be getting my greencard soon anyway, so I am not really worried.

Good luck though, hopefully it all works out for you

Hope this helps.
Thanks so much for your response, very helpful! And congrats on the greencard coming, my dad is really pushing my boyfriend to get married asap haha smh
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#9
08-10-2016, 11:11 AM
Senior Member
Joined in Feb 2012
775 posts
juvi
0 AP
Seems like both you and I filed way late... I expire on 09/11 and app was received June 13th. I'm yet to receive bios and my employer has already contacted me asking for updated EAD. I told them it's under renewal and should have it soon but I'm pretty sure I won't get it renewed in time. UGGGHhh
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#10
08-10-2016, 12:25 PM
Senior Member
Joined in Jun 2010
1,214 posts
Dream becomes Reality
0 AP
Quote:
Originally Posted by More_than_adream View Post
Hey guys so my ead expires Sept 4 (second renewal, case submitted june 1st, bio done june
30th) and I have not heard a word from my current employer which I am a DNA scientist in a lab in VA. When I worked at JCPenny they told me 2 months in advance that my ead would expire and they wanted a valid one soon. How a retail company knew and this employer doesnt is baffling lol.

My parents are telling me if they dont know it wont kill them but i also read that if you work past 180 days on an expired ead that will get you in major trouble maybe if you want to AOS when married or something. I also am apart of the development work to make new vaccines and I would hate for someone to investigate me and see that there was a period I was illegal working at this company. I really dont want to cause a huge scene and have everyone i work with know I am under DACA and treat me different either.

What are you guys doing or have as a back up plan if yours becomes expired? Should I talk to HR a week before my ead expires (if it comes to that) and beg for leave of absence? Sucks because my license expires same date as well....UGHHHH

If HR has not approached you then my 2 cents would be to not say anything, you never know your DACA renewal and EAD can happen any time between now and the expiration. Wait till you get your approval then update your information.
__________________
Original and Renewal DACA & EAD Approved 10/2012 and 09/2014!
Green Card Approved 05/2016! (Filed for by my US Citizen spouse).
Removal of Conditions & Naturalization (Combo Interview) Approved 10/2019!
Became a Naturalized United States Citizen 11/2019! (This is a miracle!)
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