485 just passed 180 day. H1 expires in 3 month. EAD or what?

C

chuchu

Registered Users (C)
Hi all,
   My 485 filing has just passed 180 days from RD. I have also done the FP. The problem is my H1 is expiring in 3 months. Although my H-1 can still be extended for another 2 years, my company doesn\'t seem happy to do that for me (they told me that once my 485 is pending the H1 is no longer important).
   Now I have 4 options:
1. Let it be, cross fingers and hope I will not be laid off. This doesn\'t sound like good choice I know, if I got laid off after my h1 expires then I will be out of status immediately.
2. Push my company to extend H-1 for me. they will not be happy(since it costs their $ ). but I guess they will do it if I insist.
3. Ask my company to apply EAD for me. They applied EAD for my wife when they filed my 485 but not for me. I guess this will make them feel I want to change job so I really hesitate. Also it might take more than 3 months to apply for EAD through NSC.
4. Go to INS local office and apply for EAD myself. I heard I can get the document the same day.

What\'s the best option for me? I don\'t have any plan to change job, but I want to make sure if bad things happen I still have time to find another job.

Any opinion are greatly appreciated!
 
You shld apply for EAD urself

Apply for EAD on ur own ...You will get it in 2-3 months ...It is very simple ..Download the form and pay the fees ..Mention the A# in the application
 
looks like u have only one option

if your company is reluctant to extend h1 they have to apply for ur EAD(I guess there u have to do something(I-9 form) to change from h1 to EAD).As u have passed 180 days even if u lose ur job u are free to look for a similar job elsewhere(and that will be easier with a employment authorization compared to transfer or start a h1 as the new employer don\'t have to sponsor urself anymore).

and u can apply for ur own EAD(with out any cooperation from ur company) as long as ur 485 is pending.

looks to me it is the bset and prob only choice u have.
 
H1 expiry without EAD

Perhaps your company is unaware that you will not be able to contniue to work for them if your H1 expires & you do not have an EAD by that time. You should be able to file for your EAD by yourself but it might be prudent to get an attorney\'s opinion as it normally used to take about 80 days to get a receipt notice for EAD applications from NSC and you have about 90 days before your H1 expires (though nowadays NSC does appear to have speeded up EAD processing).
 
EAD Application

I was in the simillar situation, Since I had only 8 months more in H1 , company went forward with an EAD as a special case. Applied EAD on Dec26 th Got the RD and ND on DEC 31st. Actual Reciept Notice arrived with in 15 days so Don\'t worry of days. You will get it at the present senerio well before, Well good luck
 
One Easy Solution...

Go to your local INS office and show them your I485 receipts.
They will issue you an EAD card.
 
180 days rule

What happens if someone doesn\'t find a similar position in another company within a reasonable amount of time (say 1-2 months) but gets laid off from the previous company after 180 days of RD?? Can you explain this scenerio? How long one can keep looking (3mo +) isn\'t that too long? What is the rule of thumb?
 
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