Clarification on Legal Status: Advice Needed

[Czar06]

Hello All,
I would like feedback or guidance on how to proceed.

My Situation:

Currently, I am in H-1B status with the expiration date set for the end of February 2005 and have exhausted both of my 3 year H-1Bs. This month (December 2004), my wife and I filed the I-130, I-485 and I-765 and sent them to the Chicago Lockbox for processing.

My question is:
a. Am I allowed to stay in the US if my H-1B expires while my documents are being processed?
b. Can I continue to work in H-1B status if I have not received my EAD before the expiration date of my H-1B?
c. Are there any associated penalties if I continue to work while my application is being processed?
Thank you in advance for any input that you can provide. Warm regards.

 

[grunggy]

Hello All,
I would like feedback or guidance on how to proceed.

My Situation:

Currently, I am in H-1B status with the expiration date set for the end of February 2005 and have exhausted both of my 3 year H-1Bs. This month (December 2004), my wife and I filed the I-130, I-485 and I-765 and sent them to the Chicago Lockbox for processing.

My question is:
a. Am I allowed to stay in the US if my H-1B expires while my documents are being processed?
Yes. Your receipt date will be in DEC 2004 for your I-485. You will be considered in adjustment of status.
b. Can I continue to work in H-1B status if I have not received my EAD before the expiration date of my H-1B?
This can be more tricky. Yes you can work on your H-1B up until it expires.
If at this point you have your EAD you just switch to this. I did this exact same thing. If you don't have the EAD at this point you should not really continue to work until your EAD is approved. Some lawyers say you have a grace period after H-1B expires and until you get your EAD but it all depends on how the USCIS looks at this when they ajudicate your Green Card. Better safe then sorry.
c. Are there any associated penalties if I continue to work while my application is being processed?
Again look above.
Thank you in advance for any input that you can provide. Warm regards.

 

[NBC_June04]

A* You can legally stay even if H1 expires. Your status will be Adjustee (AOS) until the date of the interview where GCard will be either approved or denied.
B* You can work until the very end of your H1. After it expires and you havent received your EAD yet you have to wait for the EAD. Otherwise it will be illegally to keep on working with neither one. You have to have either H1 or EAD to work. I myself filed in June 2004, but work with my visa until Oct 04 when it expired. After that I had 2 weeks gap when I waited for the EAd to keep on working
C* You shouldnt have any worries about penalties. The only thing is to work with EAD after H1 or travel with AP while your application is pending. As long as you do these two with valid EAD&AP u r fine.

 

[milpride]

Just a follow-up question:

Letz say you got your EAD before your H1B expires and if you continue to work for the same employer after your H1B expired, Do you or does your employer have to do something to change your work permit status from H1B to EAD ? or can you simply continue to work using EAD ?

thanks for your comments

-milpride

 

[NBC_June04]

Just a follow-up question:

Letz say you got your EAD before your H1B expires and if you continue to work for the same employer after your H1B expired, Do you or does your employer have to do something to change your work permit status from H1B to EAD ? or can you simply continue to work using EAD ?

thanks for your comments

-milpride

In this case if you pay all applicable taxes, I dont think they should change anything exept their personnel records, that you no longer work under H1 but with EAD.
If you get EAd before H1 expires, it depends on your choice. In general once you use EAD, H1 is automatically voided

 

[Czar06]

Thank you all for your feedback to my posting. Your prompt responses were greatly appreciated. Best Regards

 

[TheRealCanadian]

In this case if you pay all applicable taxes, I dont think they should change anything exept their personnel records, that you no longer work under H1 but with EAD.If you get EAd before H1 expires, it depends on your choice. In general once you use EAD, H1 is automatically voided

So long as you have either a valid H-1 or a valid EAD, you are fine. The employer, however, has an obligation to ensure that their I-9s are up to date. Once your H-1 expires and you are using your EAD to work, it might be a nice idea to fill out a new I-9 with HR, just in case DHS ever audits your employer.

 

[j4school]

Hello All,
I would like feedback or guidance on how to proceed.

My Situation:

Currently, I am in H-1B status with the expiration date set for the end of February 2005 and have exhausted both of my 3 year H-1Bs. This month (December 2004), my wife and I filed the I-130, I-485 and I-765 and sent them to the Chicago Lockbox for processing.

My question is:
a. Am I allowed to stay in the US if my H-1B expires while my documents are being processed?
b. Can I continue to work in H-1B status if I have not received my EAD before the expiration date of my H-1B?
c. Are there any associated penalties if I continue to work while my application is being processed?
Thank you in advance for any input that you can provide. Warm regards.

Visit http://uscis.gov/graphics/howdoi/lpreligibility.htm#i

"Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

worked without permission,


remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,


failed otherwise to maintain lawful status and with the proper immigration documentation,"

 

[Czar06]

status update

Hello All,
Just a quick status update. I received the notifications that my forms were received (I-130, I-485, I-765) this past weekend (Jan 8. 2005) and that I needed to schedule interviews for my biometrics and fingerprinting for my I-485 and I-765. Thank you once again for your insight.

 

[Czar06]

Hi Guys, Just a quick update. I received notice via email that my I-765 was approved and one will be mailed to me as soon as it is made. Does anyone know how long it takes to receive the actual EAD?