Legal Question in Immigration Law in California

Employment Authorization Renewal

I filed my wife's renewal just 2 weeks ago, her EAD card will expire on 10/24/08 , by law the EAD extension should be 180 days before it expires which I am aware of but our paralegal was delaying the paper works for us to sign so we have filed late, the paralegal told us that its ok to present a ''receipt notice'' to the employer as a proof that my wife has submitted the documents for estension, my question is will this hamper her employment status? Her employer is now asking her to present them the renewed EAD card which is not yet available. Again, we could have filed earlier but our paralegal was delaying the documents. Pls. advise, Thank you.


Asked on 9/27/08, 3:07 am

1 Answer from Attorneys

Marc Seguinot Seguinot & Associates, P.C.

Re: Employment Authorization Renewal

There was either a good reason or a bad one as to why the renewal was delayed. You could have done it yourself! Okay, if the renewal is filed, why don't you wait until 10/24/08 to see if the card arrives before then. No need to stress your employer because you are legal to work until that card expires. I am not exactly sure where your paralegal mailed the application, but you may try to follow it up, and call the Service Center to ask if there is anyway they can speed it up. Such a request rarely works, but do it anyway. Her employer cannot ask for a renewed card yet because her first one has not expired -- so a receipt should satisfy for the time being. Good luck!

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Answered on 9/27/08, 9:59 pm


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