I'm Canadian studied in US.Got a EAD for 1yr it expired july 2009. want to live/work in US. What do i do now?

Question

What should I do next? Do I have to wait until a employer from the US hires me or can I just re-new my EAD even if it has already expired in July 2009? And if so which employment form would it be?

Additional Details

so I can apply to get a work permit without an employer? under the H-1 or temporary worker? since I've been out of status for 5 month outside of the US?

I've been in Canada since August 2008 and I haven't use my EAD for work at all since I was back home in Canada. So it expired and I want to be back in the US. I haven't been in the US so I didn't violated any laws under the immigration. I just want to know since I've been in Canada and that my EAD expired do I have to wait for an US employer hires me or can I apply myself for a Work Permit??

Btw I do not have a US employer yet to sponsor me, what option do I have to get a work permit to work/live in the US now that my EAD expired 5 months ago??

Answer 1

The question you should be asking yourself is: Why am I still in the U.S.? If your EAD expired in July, you should have been back in Canada in September. An F-1 has 60 days after the OPT employment authorization expires (allowing the student to prepare for departure). Your authorized stay expired 60 days after your EAD expired. You are now subject to removal under section 237(a)(1)(C)(i).

Because you are subject to arrest and deportation, you are not eligible for a change of status to another nonimmigrant classification inside the U.S. A prospective employer in the U.S. can petition for you using form I-129, but you cannot change status because you have violated the conditions of your admission.

You cannot extend your EAD card. You cannot change status to another nonimmigrant classification. You are subject to arrest and removal. You are contributing to the illegal population. If you ever become the beneficiary of an approved petition, all of the above could be held against you.

Sign in to vote!

Answer 2

You have been accumulating out of status already 2 months. If your US Employer has not filed H1B petition for you, there is no way you can live and work without legal status.

Talk to HR at your work, if they are willing to apply H1B for you.
http://www.uscis.gov/portal/site/uscis/m…

Sign in to vote!

Answer 3

After you EAD expired the only thing you should have done is have your employer sponsor you for a TN visa for Mexicans and Canadians which allows you to work in the country if your EAD expired on july 30th the last day you could stay in the us is september 30th so you have been illegal in the country since then. i would get out and apply for a TN visa ASAP!!!

Source(s):

I used to be an F1 student and i went from OPT to TN

Sign in to vote!