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  1. #1
    Join Date
    Aug 2008
    Posts
    1

    Default Waiting on EAD, Currently Employed

    I applied for only 8 months OPT, and was approved for it (there's no point going into why I only applied for 8, I can't change that now, obviously). I currently have a valid EAD and am working in the field of my major. Due to extenuating circumstances, I require the additional 4 months I did not apply for. I had planned to attend another school this august, but now have to attend in January next year.


    I have applied for the additional 4 (and the USCIS officer I spoke with suggested that it is very unlikely that I will not get it. My assumption is that I will be approved again.) Unfortunately, my case is still pending with USCIS, and my original EAD is about to expire.

    Will I have to terminate my employment with my current employer, or is it enough to take an unpaid leave of absence until approval comes through?

    What are the consequences (and the likelyhood of facing them) if I continue to work the 1-2 weeks it will most likely take to get the new EAD?

    Thank you

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Waiting on EAD, Currently Employed

    It is my understanding that you would need to terminate your employment until you have a valid EAD again.

    It would really be in your best interests to consult with an immigration attorney in your area.

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