A fools scenario !!!!

[dssdss]

hi all

I tried to search this scenario in this portal and could not get an answer to my situation. Hence I have posted this in H1 B expiring as well as AOS.


My H1 B expired on Feb 01 2004

My Labor Approved (I think more that 1 year ago)

My I140 is also approved (I think some it was Feb 2003)

I waited for marriage and along with wife in tow applied I 485 , EAD and AP in July 2003

Wife got EAD 3 months ago and AP 5 months ago (I wonder what VSC has against me )


I have not got EAD and could not get IEAD.

My questions to all

1. Am I in valid Status? (I think I am just want to confirm)

2. Can I still file for H1- B Extn now?

3. As per my understanding, I will not be allowed to get IEAD ( Interim ) for at least till May 2004 because VSC gave me an RFE in Jan 2004. Is is true ?

4. Since I do not have H1B or EAD or IEAD, shouldnot I go on leave so that I do not get paid.

Thanks

 

[Edison]

1. Am I in valid Status? (I think I am just want to confirm)
>>> Yes, You are in valid status. But you cannot work without EAD.

2. Can I still file for H1- B Extn now?
>>> Usually you have to file H1B extension before the expiry of H1B, but goahead and file H1B extension.

3. As per my understanding, I will not be allowed to get IEAD ( Interim ) for at least till May 2004 because VSC gave me an RFE in Jan 2004. Is is true ?
>>> No. You can get iEAD at local office after 90 days. Probably there would have been hold on your case in January due to RFE, the hold will be removed when CIS receives reply for the RFE. So don't wait till May, go to local office and get iEAD ASAP.

4. Since I do not have H1B or EAD or IEAD, shouldnot I go on leave so that I do not get paid.
>>> Yes, You cannot work without EAD/iEAD/H1B,go to local office and get iEAD ASAP.

 

[dssdss]

Thanks Edision

Thanks once again for the reply

Will check with HR once again to look at documents. Till today I was only working on their words. Now I will try to take up issues in my own hands.

Will keep u posted

Thanks again...

 

[dssdss]

Update !!!!

I spoke to HR

My stamping expired in Feb 2004 but my visa is till Aug 2004

It seems that when the company changed names and location they had done something and former INS gave me 6 months extn.

My HR said they are forgotten to tell me about it ( how courteous of them )

Hence since I got an RFE , I went to PHL asked for IEAD was sent back to come after 90 days.

My company says If did not get my EAD by April 2004 they will file for H1-B 7 th year. ( that was nice of them )

Waiting for EAD and AP and counting the days in the morning.. ...... sheeps in the night .......

Thanks
dssdss

 

[Edison]

Don't forget to get the H1B approval notice from your company. You might need that sometime in future if CIS questions about the status.

Goodluck!!!!