EAD and 7th year extension

[Lazy_ButWant_GC]

Recently, I filed for my 485. I have one problem:

My H1 is expiring on 16th Mar 2005.

I filed my 485 on 27th Dec 2004, with Receipt Date of 4th Jan 2005.

In case, I don’t get my EAD by 16th March,

Q1: will I be out of status from that date onwards, until I get my EAD (or I file for interim-EAD after 90 days)?

Q2: Is it better to apply for “7th year extension”?

Thanks for the help
LBW-GC
-----------------------
EB3-India
Labor Filed nov-02 Appvd aug-03
I140 Filed aug-04 Appvd sep-04
I485 RD 4-jan-04
AP Waiting
FP Waiting
EAD Waiting

 

[pashwin]

you will not be out of status, but you would be unauthorized to work. When did you apply for EAD?

 

[Lazy_ButWant_GC]

EAD RD 10-jan-05

 

[EricS]

Recently, I filed for my 485. I have one problem:

Q2: Is it better to apply for “7th year extension”?
EAD Waiting

To answer your Q2:
I will recommended you file for 7th year ext. It will cover you just in case you have any problems in your 485 process.
Not to scare you, but just incase you need more reason to apply for 7th year, read stories of people who are using EAD and their 485 got denied.

 

[gcsfo]

Is it a problem if we use EAD, instead of applying for 8th year extension?

Hi EricS and others too,

Does using EAD create problems for the 485 approval ?

I got my EAD approved this week and my 7th year H1-B expires on 10-MAY-2005.
I was wondering whether I can continue working using the EAD or whether I should apply for the 8th year extension.

I havent discussed this with my attorney till now, but was gathering information.

I am told that if the I-140 or 485 gets rejected, the H1-B extension also becomes invalid automatically. The EAD also will become invalid.
If that is the case, what difference does it make whether we use EAD or get an H1 extension ?

Just curious.
Do share your thoughts.

Thanks
gcsfo

 

[TheRealCanadian]

Does using EAD create problems for the 485 approval ?

No. Why would they make you eligible for it and then have a problem? It wasn't all that long ago when a pending I-485 made you ineligible for ANY non-immigrant status, including H or L.

I was wondering whether I can continue working using the EAD or whether I should apply for the 8th year extension.

You don't need the 8th year extension, especially if your I-140 is approved.

I am told that if the I-140 or 485 gets rejected, the H1-B extension also becomes invalid automatically.

No.

The EAD also will become invalid.

If a timely MTR is not filed, then yes.

 

[Lazy_ButWant_GC]

Thanks PashWin and EricS.