GC interview-Done, H1-B expiring in Oct. Did not apply for EmpAuth

[Shoab]

My Family-Based Green Card interview was held in Feb '06 and I was told that it would take about 3-4 months for the FBI background check to be completed. I did not apply for Employment Aurthorization when I filed my I-485 and I-130 last year in September.

My H1-B is going to expire on Oct 15th this year. So should I :
1) Apply for Employment Authorization through my I-485 (if so, then how soon) OR
2) Should I get my H1-B VISA extended (and pay about 1K in attorney fees)? Also, when soon I start the H1-B extension process?

I went to the INS and they told me that I do not need to do anything right now. One month before my H1-B is about expire, I should go back to INS and they will give me an Employment Authorization on the same day. I don't want to take any risk and want to find out whats the best possible thing to do.

Please advise and thanks.

Shoab

[GotPR?]

Originally Posted by Shoab

My H1-B is going to expire on Oct 15th this year. So should I :
1) Apply for Employment Authorization through my I-485 (if so, then how soon) OR
2) Should I get my H1-B VISA extended (and pay about 1K in attorney fees)? Also, when soon I start the H1-B extension process?

whichever you like.

One month before my H1-B is about expire, I should go back to INS and they will give me an Employment Authorization on the same day.

I don't think so. Unless you have EAD application pending more than 90 days, they'll not give you iEAD. To keep working after Oct, you must have EAD/iEAD before Oct, or apply for H1 extension before Oct.

[baltimore2006]

I think you should apply EAD now. If you don't get it within 90 days(which is early Oct), you can go to local DO get a temp one.

[GotPR?]

Something about interim EAD, though it is not conclusive yet.
http://www.murthy.com/news/n_06conf.html