I-765 pending, No EAD, H-1B expiring. Status?

[iimmigrant]

Hi,

My wife and I filed for I-485, I-131, I-765 on June 23rd 2008. I am a beneficiary on this GC application but also have my own H-1B, 6 years of which is expiring on Sept 27th.

Biometrics were taken Aug 29.
Online status for I-765 still shows pending and Sept. 21st will be 90 days after received date.

I know that if I do not get my EAD approval until Sept 27th, I need to go off of payroll, but my questions are:

1. What would become of my status? Do I need to change to H-4, or can I remain in this country based on GC application, even though I am not the primary applicant.

2. What can I do onm Sept 22nd to hopefully expedite my EAD approval?

Any similar experiences with this situation would also be appreciated.

Thanks

[mmed]

Originally Posted by iimmigrant

Hi,

My wife and I filed for I-485, I-131, I-765 on June 23rd 2008. I am a beneficiary on this GC application but also have my own H-1B, 6 years of which is expiring on Sept 27th.

Biometrics were taken Aug 29.
Online status for I-765 still shows pending and Sept. 21st will be 90 days after received date.

I know that if I do not get my EAD approval until Sept 27th, I need to go off of payroll, but my questions are:

1. What would become of my status? Do I need to change to H-4, or can I remain in this country based on GC application, even though I am not the primary applicant.

2. What can I do onm Sept 22nd to hopefully expedite my EAD approval?

Any similar experiences with this situation would also be appreciated.

Thanks

By pending I-485 you are in legal stay without any problem, you do not need to go to H4 or anything. EAD will not give you status, it is just a piece of document to work with and without which as you said, you can not work. No thing really can expedite the EAD approval, call the center, do Info pass, and send a fax to the center ........etc just to convince yourself that you did something.

[iimmigrant]

just to convince yourself that you did something.

LOL!

I wonder how many of our efforts in life are made just for that purpose.