Yes, up to 240 days actually of the extension request is timely filed.
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You will have to stop working. The 240-day rule is only for H-1Bs.
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Carl Shusterman, Esq.
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
No. You cannot. One is only allowed to work with a VALID EAD, not an expired one. The mere fact that you filed for an extension that is currently pending does not authorize you to continue working.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Aliens in certain nonimmigrant categories are authorized to continue working for the same employer for a period not to exceed 240 days after the expiration of their current period of stay, as long as a timely filed extension of stay application is pending with the USCIS. 8 C.F.R. § 274a.12(b)(20).
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