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Can an employee be on Loss of Pay until he/she gets the renewed L2 EAD(1765)

San Francisco, CA |

My L2 EAD(I-765) is expiring as of 25th February and I am yet to get my renewed EAD(I-765).I am currently working and is it ok to be on Loss of Pay in my current organisation/vendor after my expiry date till I get the renewed card and still be on assignement or should i Resign from my services after my expiry date.I am currently in a contracting position

Attorney Answers 3


  1. As long as you are not paid for the period without a valid EAD, it is not necessary for employment to be formally terminated. This assumes, of course, that you are not working during that period. "Volunteering" your time is not recommended. Consult with your current immigration attorney for case specific advice.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter, nor should it be viewed as establishing an attorney client relationship of any kind.


  2. You cannot be employed within the meaning of employment unless you have a proper employment authorization. Here is a very good answer explaining this very quesiton:

    http://www.avvo.com/legal-answers/l2-ead-expiring-soon--renewal-in-process--do-i-hav-936686.html

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  3. You should not be "working" without having a valid EAD.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.

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