Can I continue working if my H1B expires and EAD has not been received yet?

A

AbyRai

Registered Users (C)
1) I have applied for AOS/AP/EAD today( FAMILY BASED), I understand that I will recieve the notice date in one months time and it takes around 90 days to get the EAD.But my H1B expires in mid Septemper, in this situation can I keep working or I will have to take leave of absence? I heard one can work for 180 days even after expiration of H1B, Shouldn't I be covered under that?

2) Since my application is family based, will I have to submit FP/Bio before I can get my EAD approved?

3) If I don't get the FP appointment in my area for near future Dates, can I get my FP done out of my area to expedite my EAD approval?

Any input will be highly appreciated.
Thanks..
 
) I have applied for AOS/AP/EAD today( FAMILY BASED), I understand that I will recieve the notice date in one months time and it takes around 90 days to get the EAD.But my H1B expires in mid Septemper, in this situation can I keep working or I will have to take leave of absence? I heard one can work for 180 days even after expiration of H1B, Shouldn't I be covered under that?

******i would suggest you talke to someon in the CIS office, lawer, etc. This is something serious and you dont want to do something that will negatively affect your status, do you********

2) Since my application is family based, will I have to submit FP/Bio before I can get my EAD approved?

*********You can schedule for your FP/BIO and do that before your EAD is approved. They are independent of each other. ********

3) If I don't get the FP appointment in my area for near future Dates, can I get my FP done out of my area to expedite my EAD approval?

**** I dont think so. Plus, anything that is done not in accordance with standard procedures may end up hurting you in the process...we all have heard stories about the immigration process******

Just my 2cents


Any input will be highly appreciated.
Thanks..
 
Thanks for the response....

1) I have applied for AOS/AP/EAD today( FAMILY BASED), I understand that I will recieve the notice date in one months time and it takes around 90 days to get the EAD.But my H1B expires in mid Septemper, in this situation can I keep working or I will have to take leave of absence? I heard one can work for 180 days even after expiration of H1B, Shouldn't I be covered under that?

Regarding my first question, I spoke to my lawyer and the lawyer said I can work for 180 days, because I am between AOS and also there is no clear rule or statement which says that a person cannot work in a situation like me. I am not sure, so thz why I want to double check woth somebdy who might have gone thru the same.

My 3rd question
3) If I don't get the FP appointment in my area for near future Dates, can I get my FP done out of my area to expedite my EAD approval?

I don't know we can, Again I still want to confirm.

IF anybody has any input on this...much appreciated.
 
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There is another related question.
What if the person invokes the AC21 and then delays the renewal of the EAD, and there is a overlap between the expiration of the previous EAD and approval of the renewed EAD.
Offcourse the validity of the previous H1 is no more valid. In such a case does the person has to take a leave of absence or is he out of status?

Also can you transfer the H1 to the new company when you invoke the AC21?
 
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