回複:關於EAD gap期間工作問題請教皮匠等大俠

回答: 關於EAD gap期間工作問題請教皮匠等大俠2010-09-07 09:55:05

USCIS defines employment as employer/employee relation. In other words, as long as you're with your employment, you're employed. It doesn't matter, if you work at home, on a vacation, or on a sick leave, paid or unpaid. The relationship will not end until your employment is terminated. This is pretty much like you're in a marriage relationship. As long as you're not divorced, you are married.

The good news is as PJ said you're protected by 245k if there is a gap between expired and renewed EADs, if the gap is smaller than 180 days. Keep in mind all days of out of status, unauthorized employment (even it is part time)count towards those 180 days since your last lawful admission into US (except AP).

Aother tricky part is USCIS only considers speed-up service if you will lose your job when EAD expires. If you ask your employer to write a letter saying your employment will be terminated without a valid EAD. You're actually in danger of losing your job. You don't want to break the law. You don't want to lose your job, either. The best way is to plan renew EAD well in advance. If your current EAD espires before the new card is approved, simply ignore a gap as small as a couple of weeks.  

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