Critical - H1 expires - Do not have EAD yet!

S

sureshbk

New Member
=Applied for AOS - got I-140 Approval.
My H1 expired yesterday and I am still waiting for my EAD for the past 60 days?
I am allowed to work in this situation. I am violating any INS rules in the process? If so, what course of action I should take to resolve this.
 
Originally posted by sureshbk
=Applied for AOS - got I-140 Approval.
My H1 expired yesterday and I am still waiting for my EAD for the past 60 days?
I am allowed to work in this situation. I am violating any INS rules in the process? If so, what course of action I should take to resolve this.
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You can work only if you have either H1 renewed(or applied for renewal in time) or have EAD. If you cannot renew H1, you will have to be off payroll until you receive EAD, you can use 90 day interim EAD rule to get one. If you work without H1/EAD, it will be considered as unauthorized employment.
 
Unless you are eligible for 245i any unauthorized employment will preclude adjustment in the US. Keep working any you might as well forget the I-485.
 
IF 90 days have passed after applying for EAD try to get IEAD from local BCIS Office. But Best solution is Apply H1 without delay (even 7th year is also OK). I know some bad things like deportation has happened with my friends.
 
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