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If you had applied for your work permit at the same time as your Adjustment of Status, then chances are the work permit is valid for about a year. This article discusses whether and how to approach the issue with your employer.If your work permit expires and you continue to work, your employer will still be required to pay you wages and will use your Social Security Number to report wages and to pay any local, state, or federal taxes.
Some employers are fine with this arrangement and lax about following federal laws that require checking the documentation of its workers.However, that doesn't stop the administration from trying again to end the DACA program.If your employer asks you questions about your EAD expiration date, you should be honest. A visa expiration date refers to the last date on which you can use the visa to enter the United States, but tells you nothing about how long you can stay in the United States once you’re there.You might also be able to change your status, for example from student to H-1B worker.If renewals are allowed in your visa category, make sure to apply well ahead of time, so that you don’t fall out of status. The Supreme Court ruled in June 2020 that the Trump phaseout was unlawful, which should open the door to new applications.Soon after coming into office, the Trump administration announced that it would phase out Deferred Action for Childhood Arrivals (DACA) protections for immigrants who entered the U.S. as children.
Since 2012, DACA-eligible immigrants have paid fees to the U.S. government for a work permit and protection from deportation, all of which was renewable in two-year increments.Until and unless Congress passes a permanent fix, many DACA recipients could eventually lose their right to be in the U.S. and their work authorization. Once you reach the expiration date on your I-94, or are otherwise out of status, you can't file for an extension.
The eligibility category "(c)(33)" refers to a DACA work permit. If your employer is threatening your employment simply because you are not permanently authorized to work in the U.S., you might be able to file a complaint.Some immigrants might qualify for a work permit in some other way. I understand IRS has no obligation to report this kind of cases to USCIS.
I have a SSN but expired working permit.
That way, you can return to work immediately once you receive your new work permit.If your employer has a human resources (HR) department, it's more likely that it will approach you with questions about your work authorization as its expiration date draws closer or if it has already expired.First, you do not have to proactively tell your employer that your Employment Authorization Document (EAD) will expire and that you will not be able to renew it when it does.Unfortunately, your employer can legally terminate your employment once your work EAD expires. Your Right To Work While Waiting For A Visa Application When you are nearing the expiry date of your visa, your employer may request for proof that you can continue working lawfully.
If your work permit expires and you continue to work, your employer will still be required to pay you wages and will use your Social Security Number to report wages and to pay any local, state, or federal taxes.
If your authorized U.S. stay has ended and you are simply wishing you could stay around longer and find a job, you’re probably out of luck.Nevertheless, many exceptions exist within the world of immigration law.
If there are other options to get a new work permit in the future, let your boss know that you are working on it.Also, you do not have to tell your employer that you received your work authorization through the DACA program.
You might be able to work out an agreement with your employer to keep your job. If you are still eligible for employment authorization but your EAD will be expiring or has expired, you should file for a renewal EAD by submitting a new Form I-765 and filing fee (if required), unless a fee waiver is requested and approved.
However, your employer could find this out by checking your EAD.