Completing 6th Year Soon and EAD pending - Information needed

I

inforequest

New Member
Hi,
I will be completeting 6 years on H1-B visa on April end. I recently changed the company and my employer is filing for I140/I485/EAD using a preapproved labor. It will be filed within a week.

If it does not come through by April, I will be out of status and will have to go out.

But let us say it gets approved one month after I leave, Can I come back into USA using EAD?

Thanks,
Info Request.
 
You are safe!!!!!!!

By the time your H1 expires and if you apply for EAD in a week, will give you enough time to obtain your interim EAD after 90 days, just take an appointment and take your I140/485 and EAD receipts. Once you apply for I485 then you should not be worried of out of status as it gives you adjustment of status and you are legal to stay with in the country but not be able to work without an interim EAD or regular EAD. Hope this helps!
Raj
 
RE: You are safe!!!!!!!

Raj,
Thanks.
Let us say they send the papers coming Monday (01/17/2005). When does the 90 days clock starts. Is it from the date the INS receive it ? or Is it based on the date when they open the file?
Thanks,
Info Request.
-----
By the time your H1 expires and if you apply for EAD in a week, will give you enough time to obtain your interim EAD after 90 days, just take an appointment and take your I140/485 and EAD receipts. Once you apply for I485 then you should not be worried of out of status as it gives you adjustment of status and you are legal to stay with in the country but not be able to work without an interim EAD or regular EAD. Hope this helps!
Raj
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Last edited by a moderator:
inforequest said:
Hi,
I will be completeting 6 years on H1-B visa on April end. I recently changed the company and my employer is filing for I140/I485/EAD using a preapproved labor. It will be filed within a week.

If it does not come through by April, I will be out of status and will have to go out.

But let us say it gets approved one month after I leave, Can I come back into USA using EAD? ----------- EAD is not a visa to enter the country. You need AP. Apply for AP along with the rest of the applications. Also once your I-485 is filed and you get the receipt for the same you are in status but cannot work if you dont have a valid H1-B or EAD. Why dont you apply for the 7th year H1-B extension?

Thanks,
Info Request.
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