EAD and H1

N

nvi

Registered Users (C)
Hi experts and the experienced!

My current EAD expires on 5/10/03 and the extension was filed late:
WAC-03-128-5XXXX
RD: 3/13/03
ND: 3/17/03

My 485 data:
EB2/India
WAC-02-089-5XXXX
RD: 1/14/02
ND: 1/17/02

My current H1B expires on 6/14/03.

Meanwhile I moved to Texas (after 180 days) under the same employer.

What are my options ?
1) Get iEAD at the INS office in Texas
2) Apply for H1B extension in premium processing
3) Pray for a miracle for one of the following:
a) EAD approval before 5/10/03
b) 485 approval before 5/10/03

The last option is just a feeble attempt at cynical humor ... but seriously, is option 1 possible at all ?

My lawyer received the receipt(s) for the application to extend EAD on 3/19/03 and I have a fax copy of it which says:
The above application for an Employment Authorization Document (EAD) Form I-765 has been received. Processing time is approximately 60 days from the date of this receipt notice.

However, the online status is:
Your I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION was received on March 17, 2003. We mailed you a receipt with information about processing. It is taking between 120 and 140 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

Also, I am planning India trip during 3rd week of May and returning on June 3rd. Can I re-enter on my H1B since I never used EAD so far ?

Your suggestions and comments are highly appreciated.

Thanks in advance,

~nvi
 
Hi
Do you have AP (Advance Payrole)?
You can use H1-B while you come back form India, but make sure that you H1-B still vaid dates.
If you are run out of the valid time then you can use AP if you have...?
So talk to you attorney and apply for AP. Having AP is always better

your EAD will not help you while you returning from India. It is only work for "Work Permit" not for Status.

Have a fun
..YPKUMAR
 
Thanks for your response ...

Yes, I have AP and applied for extension for AP too. AP should not be a problem, since you can get it under emergency travel circumstances. AP is (sometimes) usually approved sooner than EAD.

But, I probably need EAD extended to continue to work ... thus all the questions ... not necessarily for travel out of the country !

As I mentioned, my H1 expires on 6/14/03.

~nvi
 
EAD Renewal

You don't need the EAD renewal if you are working for the same employer.

In your case since your H1 is expiring it would be good if you switch to EAD immediately. This way you won't need EAD renewal.

My lawyer argued upon my EAD renewal and said no need to waste money for renewal. It's okay as long as you are working for the same employer. My EAD is also expiring in May 2003 and I have mailed him my papers for EAD renewal (to be on the safe side in case if I loose my job).

Hope it helps. Talk to your lawyer.
 
1. stick to H1, get it renewed before it expires.
2. get renewal of EAD too, who knows whether u will or be forced to change your employer in the future? But since your case is EB2, probably changing employer does not hurt you.
 
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