L2-EAD Expired - Due to COVID19, was paid for 2 additional weeks post EAD expiration- How USCIS will treat this situation

Hi Anil,

My wife’s L2-EAD expired on 13th March. She talked to her company’s HR and provided all neccessary input that she cannot work until new EAD arrives and her profile was put on hold before expiring of EAD.

Around the same time due to COVID19, all activities of her company’s operations were stopped and they decided to provide 2 weeks of salaries to all employees due to close down.

So my wife recieved 2 additional pay checks in end of March’20 and early April’20.

My worry and query is how these pay check would be considered from USCIS perspective.

Will they assume that she worked on expired EAD? I need your guidance in understanding this so I can make right decsion and avoid future issues.

Regards,
Rajesh

Did your speak to Employer as to what category of payment is it?

Did they actually run payroll or it was given as some kind of bonus?

Did you ask how could they run the payroll if your wife was terminated?

Hi Anil, I received following message from my wife’s employer.

" XX can either take the funds back, or we can draft a letter in regards to the monetary distribution for those extra two weeks.

The letter would detail the situation as it stands and was allocated – the pay received for the final two weeks of March would be reported as paid non-worked days, so it would not report as compensation for the first two weeks of the month. "

I am thinking of asking them to draft letter as that is going to state about payment from non working days.

What do you suggest ?

Regards,
Rajesh

Its your choice. Use your best judgement.

Hi Anil,

What do you suggest in this case? I really want to take best decision to avoid any issue in future.

Regards,
Rajesh

The best option is to wipe the slate clean as nobody knows what can happen in future.

Employer would have already run payroll and paid payroll taxes to government as per my opinion. This can pop up in future background checks as a red flag.

Its your choice now to return the money or handle it in future if it comes up as a possible question mark.