EAD before the end of year 3

[Obelix1]

Hi,

I got a J1 waiver (IGA) and I am in the process of applying for NIW for physicians. Due to my lawyer's mistake (I won't elaborate on it...), there is a problem with my H1B. My contract with the VA is from August 1, 2006 to July 31 , 2009. However, the end date of my H1B is JUNE 30, 2009. I plan to renew my visa, but if for some reason it can't be renewed (the job has to be posted and a US citizen may apply, for example), can I use EAD for the remaining 30 days? I read on this forum that EAD cannot be used during the first three years. Why?

I wonder if something can be done directly with USCIS to have the date changed from June 30, 2009 to JUly 31, 2009, but I doubt it is possible. What do you think?

Thanks for your help.

 

[posmd]

Too late

You will need to renew. I do not think anything can be done about it now.
You can't use the EAD before the 3 yrs because the law clearly states that the 3 yrs of J1 waiver time must be spent in H1b status.

 

[m_img]

Hi,

I plan to renew my visa, but if for some reason it can't be renewed (the job has to be posted and a US citizen may apply, for example)
Thanks for your help.

For H1-B renewal, do you have to go through all that again as you did for orignal H1-B?

 

[Obelix1]

For H1-B renewal, do you have to go through all that again as you did for orignal H1-B?

I know the job has to be posted but I don't know the details yet.