Can I let my EAD expire?

H

hh

New Member
I have a question regarding our EAD card.
Here is my situation:

1. My EAD card will be experied on Oct. 4 2000. I\'ve never used it.
2. My H-1 visa will be vaild till April 2001
3. My I-485 receive date is August 2, 1999, and
   the notice date is August 20, 1999.

I am expecting the approval of our 485 soon since the process in VSC is fater than before.

Can I let my EAD expire since I have never used it. I have been on H-1 because I stay on the same job all the time.

Thank you for your help.
hh
 
No Title

You should still be on H-1 since you never used your EAD. It\'s not a problem to let the EAD expire.
Please let us know when you receive your approval. Can you also post your EAC #? EAC-99-xxx....
Thanks!
 
No Title

I think there is a big confusion here. Once you have applied for EAD and received the card, There is no question of using/not using your EAD. H1 automatically gets cancelled. H1 visa only permits your reentry in lieu of AP. There is no way you can prove that you have not used EAD and also INS doesn\'t care about these details. It is better you get your EAD renewed in order to avoid any further complications when you are alomst at the end of the tunnel.
Also with roumers of PD getting retrogessed anything might be possible.
VSC waiter.
 
No Title

There is a big confusion here. Once you have applied for EAD and recd. the card, There is no question of using/not using EAD. You are automatically out of H1 visa. H1 only permits a reentry in lieu of AP. I would think you should extend/renew EAd keeping in mind that you are possibly at the fag end of waiting and in order to avoid any eleventh hour glitch in the processing. More over you can never prove that you have not used your EAd as that is not a criteria.

brahma
 
No Title

I specifically checked with my lawyer. I wish my H1B status was terminated by applying EAD to save time, just in case. And that is not true. I just wasted $100 to apply EAD and not using it. By using EAD, you have to specifically file a new I-9 form with human resources. My lawyer just said that it is OK but not necessary to SHOW the EAD to the human resources.
I wish your different opinion is based upon legal advice. Please let me know if it is.

Thank you!
 
No Title

Thank you all for your input. My # is EAC 99 246 xxxxx.
I\'ll post a message when I get the approval.
 
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