How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Judith Your Own Question
Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28201
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
12467490
Type Your Immigration Law Question Here...
Judith is online now
A new question is answered every 9 seconds

My wife's ead has expired on 1st Nov but the renewal EAD has

Customer Question

hi
JA: Hello. What is your issue regarding?
Customer: my wife's ead has expired on 1st Nov but the renewal EAD has already been filed can she still work?
JA: Have you or an employer filed any paperwork with the U.S. government?
Customer: I filed for my L1 extension along with the renewal EAD
JA: Have you consulted a lawyer yet?
Customer: no, not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: she's on L2 I'm the primary applicant on L1
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Judith replied 1 month ago.

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

Customer: replied 1 month ago.
there was a $33 charge on my credit card. can you please refund that.
Expert:  Judith replied 1 month ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer. You can send a request to speak with me by phone by clicking on the "Call Me" button on this Q&A page.

No, the filing of the extension of the EAD does not extend the work authorization while the I-765 is pending.

There is a different law that allows the principle visa holder of an L1 or H1B to be allowed to work for 240 days while their extension is pending.

240 Day Rule

Sec. 274a.12 says:

(20) A nonimmigrant alien within the class of aliens described in paragraphs (b)(2), (b)(5), (b)(8), (b)(9), (b)(10), (b)(11), (b)(12), (b)(13), (b)(14), (b)(16), and (b)(19) of this section whose status has expired but who has filed a timely application for an extension of such stay pursuant to §. 214.2 or 214.6 of this chapter. These aliens are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay. Such authorization shall be subject to any conditions and limitations noted on the initial authorization. However, if the district director or service center director adjudicates the application prior to the expiration of this 240 day period and denies the application for extension of stay, the employment authorization under this paragraph shall automatically terminate upon notification of the denial decision. (Revised 1/1/94; 58 FR 69217)

That same rule does not apply to the dependent work authorization that is pending for a dependent.

Your wife has to wait for her new EAD card to work after this one expires.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Customer: replied 1 month ago.
thanks for the answer. why was I charged $33 for this? please refund that asap.
Expert:  Judith replied 1 month ago.

This is not a free service. I am an independent contractor who supports their family by answering questions posted by people who come to the site. I assume you gave your credit card to have an expert answer your question.

Judith

Expert:  Judith replied 1 month ago.

There is a help button to on the question page to connect with customer service.

Customer: replied 1 month ago.
i can't find the help button anywhere