485 pending/ead renew

[gc007gc]

Hi, friends.
Do you know if it is a violation or not for looking for a job while one's ead is expiring in weeks and ead renew application is pending? I know when H1b renew application is pending, people can still be employed.
Or if it has been discussed elsewhere, please help with a link.
Thank you in advance.



140/485 EB2 09/2003
FP 10/2004
Spouse EAD1 (expires 12/2004)
Spouse EAD2 RD 11/7
LUD-EAD2 11/8, 11/9 11/19 11/20 (recd msg never changes)
LUD-485 10/10 (FP) 11/8 (EAD?), 11/9 (EAD?) (FP recd msg never changes)

 

[ETA-GC]

Hi, friends.
Do you know if it is a violation or not for looking for a job while one's ead is expiring in weeks and ead renew application is pending? I know when H1b renew application is pending, people can still be employed.

It's never a violation to *look* for a job. Your EAD needs to be valid to be able to actually *work* (unless you haven't used the EAD and have H / L status -- but those can only be used for the specific job / location for which they were obtained whereas an EAD allows you to work anywhere). Of course, if you are working on an EAD and if your EAD expires before the renewal comes in you will need to stop working until the renewal arrives (unless you can get iEAD in the meantime).

And, obviously, for your GC to be approved / valid, you need to be working for the sponsor (either the original one or a new one that is elligible for AC-21).

ETA

 

[gc007gc]

iEAD?

Thanks, ETA-GC.

Could you also tell a little bit more about "iEAD". What is it?

I didn't state my last message very clear. I have h1b my wife has EAD1 which is expiring in weeks. Base on what you just said, she HAS TO STOP working afte her EAD expiring, even if the renewal application was filed weeks ago. Am I right?

In the case of H1b, if my H1b is expiring and a renewal application is pending, do I have to stop employment on the expiring date until the renewal is approved?

Thanks again.


140/485 EB2 09/2003
FP 10/2004
Spouse EAD1 (expires 12/2004)
Spouse EAD2 RD 11/7
LUD-EAD2 11/8, 11/9 11/19 11/20 (recd msg never changes)
LUD-485 10/10 (FP) 11/8 (EAD?), 11/9 (EAD?) (FP recd msg never changes)

 

[ETA-GC]

Could you also tell a little bit more about "iEAD". What is it?

There's lot's of info on this if you search the forum but, briefly, this is an "interim" EAD. You can get one of these if your EAD has been pending for 90 days and if the underlying cases (e.g. the I-140, I-485) are still valid (haven't been denied) and don't have any RFEs outstanding. You do this at a local office but I don't know how you go about doing this. For more info, you'll have to search the forum -- I don't know much more about this (I have an EAD but I've never used it -- using H status instead for now). Or, you could check the USCIS site for their info on this.

I didn't state my last message very clear. I have h1b my wife has EAD1 which is expiring in weeks. Base on what you just said, she HAS TO STOP working afte her EAD expiring, even if the renewal application was filed weeks ago. Am I right?

Yes. If you don't think you are going to get the renewal before the current EAD expires, start looking into whether you can get an iEAD. The VSC has been a lot quicker with EADs recently than they have in the past but it's still best to renew at least 95 days or so before the current EAD expires so you will be able to get an iEAD if necessary.

Maybe the gurus here have some other options but I can't think of any off-hand.

In the case of H1b, if my H1b is expiring and a renewal application is pending, do I have to stop employment on the expiring date until the renewal is approved?

No. With the H status, once you've filed to renew your status will remain valid. I don't think you can travel though because you won't have the new I-94 that you will need for this. If you need to travel, $1000 + premium processing will get you the renewal in < 2 weeks. I went through this myself -- our )^&^$(#$#$# lawyer Fedex'd the H renewal < 24 hours before my first one expired despite asking him to do this months earlier.

ETA

 

[gc007gc]

Thanks, very much.