Either one. You cannot work without having a valid EAD in your possession.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
One needs to "timely" file for an EAD extension. That means at least 3 months prior to the EAD's expiry date, precisely to avoid such embarrassments. EAD extensions will sometimes get delayed thru no fault of your own; that is why its so important to file extensions on time!
Well, that's all "water under the bridge" now, what is done is done. AND HERE IS THE GOOD NEWS:
You do NOT need to "resign" from your position! The since you already filed for the extension and hopefully have the RECEIPT from USCIS to prove it, you can go ahead and continue working for up to 180 days from the date of that receipt. Hopefully the approval notice will reach you long before then!
Cheer up, my friend and enjoy the weekend!
I must agree with Mr. Ferrari and not Mr. Beher ... once the EAD expires ...you must stop working.
Franco Capriotti - Senior Legal Counsel - Capriotti International Law – 503-803-0055
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