Current H-1B about to expire, I485/130 in process, EAD/travel in process

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bob71

Registered Users (C)
Hi all,

New here. I currently have the H-1B which is to expire at the end of the month. However my I-485, I130, and EAD are under process of approval (I don't expect the last one for another couple of months yet).

So, I was talking to HR in my company and they that I don't need to extend my H-1B because my EAD is currently under process. Since my EAD is under process, I can stay legally here and coninue working.

Just wondering what your thoughts are. If there are any clear writings that you can point me to, it would be great.

Thanks!
 
Nope! Unless your EAD card is approved, you are not supposed to work. If your H1 expires on 31st March and on 1st April you did not get your EAD card yet, you cannot work legally. But if 90 days passed after your EAD application, you can go to local BCIS office and get iEAD (showing your EAD application receipt).

You get some good info from this site:
http://www.immihelp.com

So if you want to continue working legally, you have three options:

- either you have to get H1 extended (that means it has to be approved before your current H1 expires).
- or you have to get your EAD card approved before your current H1 expires.
- or you have to get an iEAD from local BCIS office before your current H1 expires.
 
The first suggestion given by Pralay is WRONG.

A H1 holder can continue working as long as the petition for a H1 renewal is received by the INS before the expiration date of the current H1. This clause is only good for H1 renewals and not apply to fresh/first H1.

Bob71,
Apply for a H1 renewal before your current H1 ends. If your company do not want to do so, sit tight. You must not work from the date of H1 expiry until EAD approval.
 
bob71,
sorry for the mis-information. I forgot the fact that in renewal you don't need to wait for approval. I saw in forum that lots of companies don't want to renew H1 in AOS stage and save some bucks. Another option is, if your company does not renew H1, you can offer them to pay the H1 application expense. But it's your decision. And, if you get your iEAD/EAD, it solves all the problems.

Upstate_NY,
thanks for the correction.
 
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