AR-11 Question - Please help!

V

vidongre

Registered Users (C)
I am in the process of filing form AR-11.

I am working on EAD. My H1B expires on Oct. 15, 2002 but my employer has filed form I-9 with my EAD number and they won't extend my H1B after it expires.

1) What should I mention as my status? - H1B or EAD? - Is EAD is considered as a valid 'status' ? The options in the form are -
A) Visitor B) Permanent Resident C) Student D) Other (specify)

2) What should be the answer of the question -
"If not a permanent resident, my stay in the US expires on ...... (Date)"
What should this date be?

Any help/experience would be appreciated.
Thanks!
 
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AR-11

I know of a friend who applied for renewal of his EAD and filled in that column "I-485 Applicant (Pending AOS)". AVM for his EAD case says it has been approved and he's awaiting the actual card.

He was working on EAD though and not on H1 when he renewed his EAD.

Thanks
 
AR-11 ques.

This not by any means an authoritative answer! Please consult a lawyer!

My take is as follows as I was in the same boat at you (still am):

For both questions, you can specify both the H-1B1 & EAD. Since your employer has shown it to be that you are employed on EAD, I would put that first, then write H-1B1 also. For, the second question, show both with their respective expiry dates. This form goes to the state department and in my opinion, they are looking for "A" legal status ( at least).

I did exactly as I have described above. My EAD was obtained on 1/4/02. My 7th year extension arrived sometime in March '02. And, since I had filed the extension in October '01, though my H-1B1 stamp expired in the first week of December '01, I have been treated as having continued on H-1B1 itself. When my H-1B1 runs out in Oct. '02, I will switch to my EAD.

Hope this is not too confusing!

Raj
 
Here's what you can do?

Mention on the Status Column "i-485 adjustee". You cannot have two statuses. If you are using your EAD then you are an Adjustee. If you are using your H1B1 then you can say H1B1.

Expiry date : EAD expires _______ or give your visa expiry date depending on the above

This is what I've done and I am no lawyer.

Good luck!!!
 
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