485 Pending .. do i have to apply for H1 extension

I

igcwaiter

Registered Users (C)
Hi Friends,
HI all, i appled my 485 Oct 2001. Got EAD. EAD expiring on Dec 13th 2002. My H1 is also expiring on Dec 1st 2002. I was too optimistic that i will get the approval in November. But you all know what's happening at NSC.
i only appled for EAD extension in first week of this Nov. Its highly unlikey that my EAD gets approved in a month, before Dec 13th. Do i have to apply for H1 extenstion also ? i have 1 more year on my H1 for 6 years.
My question is if I don't get 485 approaval / Ead extension by Dec 13th will i go out of status ?
Please advice.. My employer is a closeing shop.. he says its enought if i applied for EAD extension

Thanks.
 
my 2 cents (considering you haven't used ur EAD so far)

keep your h1 extension paper ready
most likely you will get ur ead approved by 13th ( i got in 4 weeks)
on 12th check avm . if it is EAD not approved apply for h1 extension. and ask your company not to pay you from DEC1st to 13th (at least not through payroll)


needless to say I am not a lawyer , just an advise from a fellow immigrant going thru the same ordeal.
 
I think you should go ahead and apply for H-1 extension. Even if you don't get your EAD approved , but filing your H-1 will help you to remain in legal status
 
Thanks you SD1963 and SRCB7175 for your replies. I am trying to contact my attorney. I decided to file for H1 extension.. next big thing is convice my employer.
 
talked to attorney

My attorney advised me to apply for H1 extension.
One thing i realized, can i go to local INS office and get EAD renewed ? I have got the Receipt notice from Nebrasak service center with ND Nov 4th.

If i can get it renewed from local office, is there any rule that i should go after 90 days only ?

Thanks
igc
 
clarification

Contrary to what user srcb7175 said, if you don't apply for H1 extension you won't go out of status as long as your I-485 is pending. You just won't be able to work legally without EAD or H1 ext.
 
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