** EAD also has break in dates ** H1 extension denied

[ShahS]

H1 Details -
Entered USA on H1B Jan - 2003
Currently working on H1 which has expeired on Oct 31st 2008.
Extension applied in August 2008 and denied Feb 10th 2009

EAD Details.
Labor and 140 approved in 2005
485 applied in 2007 and pending approval
EAD card 1 dates - 10/08/2007 to 10/07/2008
EAD card 2 dates - 11/13/2008 to 11/12/2010

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What should I do, Should I move to EAD ? If I move to EAD will I be out of status from the date I received the denial letter to the date I make the switch to EAD or will be out of status from the date the visa expired on Oct 31st to now.

Can I even do this because if you care fully look on my dates my Visa expired on OCT 31st and my EAD card dates also have a GAP in the same timeframe, NON of my EAD cards were valid from 10/07/2008 to .11/13/2008

What are my options , do I need start selling my house and stuff or there is way out.

Any pointers appreciated.
Shah S

 

[Jackolantern]

What was the reason for the H1B denial? Did you apply for the extension after the last one expired?

 

[lprkhoj]

What should I do, Should I move to EAD ? If I move to EAD will I be out of status from the date I received the denial letter to the date I make the switch to EAD or will be out of status from the date the visa expired on Oct 31st to now.

You are good. Since I485 is pending, that's your status now. You were never out of status.

Can I even do this because if you care fully look on my dates my Visa expired on OCT 31st and my EAD card dates also have a GAP in the same timeframe, NON of my EAD cards were valid from 10/07/2008 to .11/13/2008

EAD is not a status, its just an authorization to work. The only caveat is if your status is I485 pending, which it is now, you can only work if EAD is current. Now, if you worked between Oct 31st and Nov 13, you didnt have any authorization to work. You were not out of status but you could be considered to have worked illegally. You might wanna confirm this. I think you'd be okay since you applied for extension before H1b expired.

But as the other post wondered, why was H1b denied? If its related to genuine immigration reasons, your GC could be impacted as well.

 

[TheRealCanadian]

Now, if you worked between Oct 31st and Nov 13, you didnt have any authorization to work. You were not out of status but you could be considered to have worked illegally. You might wanna confirm this.

That employment was authorized, because he had a timely filed extension petition that was pending.

But as the other post wondered, why was H1b denied? If its related to genuine immigration reasons, your GC could be impacted as well.

That would be of great interest to me as well.

 

[Jackolantern]

That employment was authorized, because he had a timely filed extension petition that was pending.

Unless the H1B extension was filed after the prior one expired. Which I asked about in my post above but the poster hasn't replied yet.

The other issue is that an H1B denial may cause the entire time since the expiration to be considered unauthorized (except for periods covered by EAD), even if the extension was filed in a timely manner.

 

[ShahS]

Thanks for your replies.

There are 2 school of thouhts here one says my stay is legal but the other says my work is unauthorized for that period where my H1 expired and EAD was also not valid.

So what can I do to repair the damage now.

The reason the H1 was denied is my orginal H1 was filed by my company under company name A and later our company changed it legal name so they filed under the new name and there was a RFI and my lawyer did not reply satisfactorially.

Thanks.
Shah S

 

[lprkhoj]

Thanks for your replies.

There are 2 school of thouhts here one says my stay is legal but the other says my work is unauthorized for that period where my H1 expired and EAD was also not valid.

Your stay was/is not illegal. But the denial to not cause any further damage, update I-9 with your employer so that you go on EAD asap.

So what can I do to repair the damage now.

The reason the H1 was denied is my orginal H1 was filed by my company under company name A and later our company changed it legal name so they filed under the new name and there was a RFI and my lawyer did not reply satisfactorially.

Get a new lawyer. If it was just a change in company name or even a spin off/buy out, you should be covered by "successor of interest". File a new H-1b explaining everything in the new petition (or just stay on EAD). Also file AC21 to inform about change of employer because that's what it is if the company's name has changed. A good lawyer should have informed USCIS of the change while H-1b renewal was pending. Nevertheless, a good lawyer should now be able to take you through this situation unscathed.