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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28930
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I'm on a J2 visa. I've discovered my EAD expired on Sept 7th

Customer Question

I'm on a J2 visa. I've discovered my EAD expired on Sept 7th and I was working as a contractor during that time. I want to renew so I'm wondering if I'll be penalized for working unauthorized and if I could apply to expedite 1-765 application
JA: Have you discussed this with a manager, HR, or an attorney?
Customer: no I've also just started a small biz. Sent stock to amazon to sell and have other stock just arrived from vietnam. I need to sell these items and can't wait 90 days
JA: Because laws vary based on location, what state are you in?
Customer: california
JA: Anything else you want the lawyer to know before I connect you?
Customer: that's it
Submitted: 10 months ago.
Category: Immigration Law
Expert:  KJL LAW replied 10 months ago.
Good morning
Expert:  KJL LAW replied 10 months ago.

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

If you had an EAD and it expired you should immediately stop working. The USCIS has a policy that they overlook unauthorized employment for up to 180 days, but don't push it. if you reapply your EAD should be approved with no issues.

With regards ***** ***** question on starting of a small business. Based upon your J-2 status, you can open a company to do business importing form Vietnam, However, there is a catch, the law states that you cannot work or perform any work for, or act on behalf of the corporation in any manner without an EAD.

You can incorporate the business, and be a passive shareholder of the business, may be on the board and attend meetings; but you may not participate in the business until you have an EAD.

You can volunteer, if you participation is truly voluntary. You cannot be compensated (until you have an EAD). Volunteering for a business in which you own equity is a legal slippery slope, but I think it unlikely that they would find out.

So, in order to conduct business, before you have an EAD, there would need to be someone else to hold the position of owner/President of the company, and be responsible for business operations. You could not take a salary or be compensated in any manner until the EAD is issued.

It was a pleasure assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. After you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions.

Customer: replied 10 months ago.
What about my question regarding expediting the renewal? I understand that they often deny expediting. Can you tell me if it is enough to expedite the renewal if...1. Small Business: Amazon has my stock in their warehouse and is selling it. I don't have to do anything now except collect the money. I can ask amazon to freeze payments but I will be out of pocket until EAD is renewed. I also can't replenish any stock which will dramatically hurt sales.2. Small Business: I've just received stock from Vietnam and was about to send to Amazon. I will wait now, but again I am out of pocket and can't wait 90 days for approval. I have no where to store it long term and I need to make a return on this investment.3. Video Production Work: I'm a contractor in video production. It's been an incredibly long and hard road to just get my foot in the door. I have been doing one job regularly for past 8 months and have just picked up a new one. These are my first jobs in the industry since I started down this road 5 years ago. I only have my foot in the door at this stage but if I'm forced to deny this work it will be detrimental to my career.So if putting this to USCIS. Is it a good enough reason? And what evidence do I need of this? Will they need to speak to those that have contracted me for work? Should I seek an immigration lawyer to do this for me?
Expert:  KJL LAW replied 10 months ago.

Yes, they often do deny expediting, and it is a chance people take when applying for the renewal. There is no guarantee if they will accept the expedited. As I stated above, you cannot conduct the business if you don't have the EAD. Every day you work without the EAD you are taking a chance. The 180 days is a grace, every day you work is taking a risk. The risk to your career is small in comparison to the chance that they revoke your legal status because you continued to work. At this point they will not speak to your employer, but the closer to the 180 days you get, the greater risk it will be that the USCIS scrutinizes and audits your EAD application. I would have an immigration attorney submit the EAD forms for you because of your work plans and expired EAD.

It was a pleasure further assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. Remember, after you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions.

Expert:  KJL LAW replied 10 months ago.

If you have any additional questions, just ask.

Customer: replied 10 months ago.
You didn't answer my question..."So if putting this to USCIS. Is it a good enough reason? And what evidence do I need of this? Will they need to speak to those that have contracted me for work?"
Expert:  Judith Ludwic replied 10 months ago.

I am a different attorney, I am reviewing your question.


Expert:  Judith Ludwic replied 10 months ago.

I have reviewed our questions and the answers provided by the other expert and they were very comprehensive and correct.

If you last question is whether the fact you have just broken into your career path good enough to get our EAD expedited no. USCIS would not consider this an economic hardship because your EAD expired in September. The instructions for the I-765 tell you to file at least 3 months before your card expires. You did not do this and as a result of not staying on top of your EAD status you lost it. USCIS will find this is your error in creating the hardship.

I'm sorry. I know you want someone to tell you everything will be "OK" and you will get an expedited approval of your EAD but you won't.

You can hire an attorney, they will gladly tell you they can get your EAD expedited because they want you to pay them a fee.

The experts here are totally unbiased in giving you an honest answer because we are not trying to get you to hire us as your lawyer and pay us any fee other than what you agreed for a truthful and professional answer.

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.

Please don't hold my truthfulness against me or the other expert. We are being professional and ethical in giving you an honest answer.

Customer: replied 10 months ago.
I'm not looking for "everything will be ok". Just an accurate answer and advice on how I might better achieve the desired outcome.The fact that I'll lose work and struggle to find more work for some time will cause significant hardship. That would be true for anybody so I don't understand how it wouldn't qualify, but so be it. Your answer only addresses point 3 though. What about points 1 and 2? they will most definitely cause economic hardship.The fact that I've purchased inventory and have to pay storage fees until I'm allowed to sell it (when EAD approved) will mean I will lose money = economic hardship. Last time it took 6 months for them to approve my EAD. If that happens again I'll be in trouble. Does that really not qualify?Are you saying that because it was my fault for not renewing earlier (which I accept it is), that there is no acceptable reason?
Expert:  Judith Ludwic replied 10 months ago.

Why did you not apply for your EAD in a timely manner? USCIS is going to put responsibility on you.

I will also opt out.


Customer: replied 10 months ago.
sure and I accept that responsibilty. It should ave been done earlier but it was mistakenly not. I accept that.You will opt out of what?
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 10 months ago.
This is ridiculous. How many times does someone have to ask the same question before someone will answer it? It's clear that the "professionals" reading this are simply skimming the email and not taking the time to read it and address my question properly. Then if I'm forced to prompt Judith to answer the question properly she decides to "opt out" without even attempting it. Top job Judith. Quality service.