Can I use "approved H1B" petition in placed of "going to expire EAD"?

[manjuimm]

My EAD is going to expire by end of this month. I have not received new EAD (3rd one!) yet. My lawyer said expedite service may help but not guaranteed.

I do have my H1B petition approved also (this is my 10th year in US by the way). Can I say "I have H1B status, so its ok if EAD gets delayed" ?

I have used my EAD in I-9 form previously. Thanks!!!

 

[jk0274]

The EAD does not confer status, but using it can make you drop out of a status in certain situations (but not all). If you were using an EAD, is it because you dropped out of H-1B status? Conversely, what your employer enters on an I-9 form doesn't change your status per se.

So I cannot answer your question without knowing the following: 1- Are you still working for the same employer with which you have an approved H-1B? 2- Why were you using your EAD, is it because at one point your H-1B approval expired or is it because you entered the country as a parolee? 3- If you entered as a parolee, did you receive this last H-1B approval before or after you entered as a parolee?

If you dropped out, you cannot merely proclaim yourself back in H-1B status without USCIS reinstating you as such. But you may not have dropped out - depends on what your answers above are. If you were in H-1B status, merely writing "EAD" on an I-9 doesn't necessarily change your status if you are with the same sponsoring employer and your H-1B document never expired.