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

Asked about 1 month ago - 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. Alexander Joseph Segal

    Pro

    Contributor Level 20

    6

    Lawyers agree

    1

    Answered . 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-expiri...

    The information contained in this answer is provided for informational purposes only, and should not be construed... more
  2. Ajay Kumar Arora

    Contributor Level 19

    2

    Lawyers agree

    1

    Answered . 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... more
  3. Tripti Sharad Sharma

    Contributor Level 18

    Answered . 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.... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,209 answers this week

2,699 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary