I am on H1B until May 2010, and planning to file in the EB2-NIW category within the next 1-2 months. It is my understanding that I can obtain EAD after filing for EB2-NIW. What happens if the EB2-NIW is not approved before my H1B expires in May 2010? My company cannot extend my H1B beyond that date. Can I legally stay in the U.S. and work on EAD for a different employer?
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Can I stay in US on EAD after my H1B expires?
- Thread starter faczulin
- Start date
Which country are you from?? If India or China it is totally impossible, unless USCIS some how makes the priority dates current. which i do not see in the near future for the EB2 category.
The deal is this. You have to apply for I-140 in EB2-NIW category, then you get the priority date (your application date). You can apply for I-485& EAD only when the priority date becomes current (i.e. they are processing applications on or after your priority date which will be, say september 2009, if you apply in september 2009). Currently the EB2 priority date is somewhere in 2000.
So till you can apply for I485 and EAD you have to maintain a legal visa like H1B.
THere may be other ways i do not know.
Sulpha
The deal is this. You have to apply for I-140 in EB2-NIW category, then you get the priority date (your application date). You can apply for I-485& EAD only when the priority date becomes current (i.e. they are processing applications on or after your priority date which will be, say september 2009, if you apply in september 2009). Currently the EB2 priority date is somewhere in 2000.
So till you can apply for I485 and EAD you have to maintain a legal visa like H1B.
THere may be other ways i do not know.
Sulpha
I'm from a European country, I suppose I'm not retrogressed. This website suggests that in August 2009, the EB2 category is current: murthy.com/visadate.html
So, what does this mean? Can I simultaneously file I-140, I-485, EAD, etc. in September 2009, get EAD within weeks, and when my H-1B expires in May, simply start working for the new employer?
EAD is an employment authorization, don't I require the actual visa to stay in US? Given my H-1B expires in May 2010, how can I get a new one? Re-enter as a tourist?
So, what does this mean? Can I simultaneously file I-140, I-485, EAD, etc. in September 2009, get EAD within weeks, and when my H-1B expires in May, simply start working for the new employer?
EAD is an employment authorization, don't I require the actual visa to stay in US? Given my H-1B expires in May 2010, how can I get a new one? Re-enter as a tourist?
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If it is current for your country, you can apply all the documents 140, 485 7xx (dont know the number) EAD everything together. then you should be able to get the GC very quick, i would say within 6 months if it is current for your country and if all the necessary documents are in place for the category you apply. If you are able to prove that you qualify for eb2 NIW then it should be a cake walk for any country other than India and China.
Sulpha
Sulpha
Once you apply for EAD, you need not have to maintain H1B. But if the underlying 140 gets rejected then everything cancels. SO apply 140, 485, EAD everything together. Then once your 140 gets approved, (you are 90% safe so you need not have valid H1 anymore), rest 10% is for 485 rejection on medical grounds or criminal record (that is if you have any disease that is a threat to the people here or involved in illegal activities like drug dealing) then your GC will be rejected.
Dont worry, apply everything and wait till the 140 gets approved, then you should be fine, changing employers after 140 approval is ok (485 rejection is low unless there is criminal record or medical problems) it will not be a problem.
Sulpha
Dont worry, apply everything and wait till the 140 gets approved, then you should be fine, changing employers after 140 approval is ok (485 rejection is low unless there is criminal record or medical problems) it will not be a problem.
Sulpha