ead expiration experience & conclusions/advices

G

gica

Registered Users (C)
My EAD was expiring and since I didn't apply on time for renewal, I was in the situation of not having work permit for about a month (interval between the date the initial EAD was expiring and the date when I could go to get an iEAD). In order to fill the gap, my company filed for a new H1 visa with premium processing (my original H1 expired at the beginning of 2003, company preffered to switch me to EAD instead of applying for extension).
The lawyer filed a request for adjust of status at the same time of filing for H1. This was necessary because I could not go out of US for H1 stamping in passport due to GC processing (I don't have my AP extension either). The H1 came almost on time. I've been on unpaid leave due to lack of work permit for only couple of days (I actually enjoyed that!!!).

Anyway, here are the conclusions/advices for whom might get in this situation:

1. Do not expect somebody else (HR/lawyer etc) to take care of your EAD extension even if they said so, or even if you pay them for.
2. If you are proactive and start taking measures ahead of time, do not resume to just sending emails to whom is supposed to file for you, but go and talk with them in person or file yourself for extension.

If you miss point 1 and 2, you most likely are already in trouble therefore:
3. When applying for H1, make sure you do premium processing, even if you have to pay the $1000 from your pocket. Think about, one week of unpaid leave will most likely cost you more than $1000.
4. If you don't have AP or simply don't want to go thru the hassle of traveling outside US just to get a passport stamp and status change, do not forget to request adjust of status here in US.

Adjust of status in US refer to the fact that BCIS will issue a new I-94 at the same time of issuing the H1 visa petition. As a matter of fact, the I-94 will be part of the H1 petition itself (see bottom right corner).

That's it! I am back to work, and have H1 for next 2 years.

Regarding my GC processing here are my details:

485 (me and my wife): WAC02-116
her case status shows received, never been changed in any way
my case status doesn't show at all, never been. Both online and phone statuses say case can not be found at this time ... blah blah
FP done on 4/23/02
got first AP on 4/17/2002
got first EAD on 7/11/2002

EAD extension (me and my wife): WAC03-165
statuses for both shows received

AP extension (me and my wife): WAC03-165
statuses for both shows received


Regards,
G
 
interesting. So you have

1) extension of status (From H to H, no need to leave USA)
2) change of status (From other to H, need to exit and enter before starting to work)
3) adjustment of status (From EAD to H, ????)

Are 2 and 3 not equal. If you do (3), does it mean you need not leave the country for a Visa and return?
 
don't ask don't tell

I was in the same situation...EAD expiring but the new EAD not yet approved. But I took a chance. I never reported that my EAD expired (I was ready to claim ignorance if HR asked:-) Fortunately, they didn't ask and got my approval card after a month. Now everybody is happy. Sometimes taking risk paysoff:-))
:D
 
risktaker

Thats with company but if you go for interview and INS finds out from IRS that u hv been having income during that one month and paid Social security they will reject you and then you will have to apply under section 245(i) with a fine of 1000$ and back in line for 485 . So pray they do't call u for interview or donot pull out your IRS records or officer who handle ur case is dumb one. If i was you i will be contacting my lawyer. Unless your next EAD is right from the day your 1st EAD expired then u can call ur self lucky with narrow escape. Cause now days INS is giving out EAD with present date of approval not with previous date of expired EAD.
 
gica ...one Question

Based upon your thread,is this what happenned in timely order ?

1) initial H1
2)i-485 filing
3)usage of EAD with employer
4)EAD expired and out of work
5)apply extension for H1 with adjust of status
6)H1 approved
7)got back to work..

Can you please confirm whether this is what happened,since
i want to know whether you can be here legally even
after EAD expiry and can apply H1 in that period ?

rgds...
 
took care of IRS

ah! ah! I covered that angle ghost-rider...I was off payroll during that time...I cannot give complete story because of obvious reasons...Bottom-line is I got away with it and IRS will not have trace of it...:cool:
 
Re: gica ...one Question

Originally posted by Venkayya
Based upon your thread,is this what happenned in timely order ?

1) initial H1
2)i-485 filing
3)usage of EAD with employer
4)EAD expired and out of work
5)apply extension for H1 with adjust of status
6)H1 approved
7)got back to work..

Can you please confirm whether this is what happened,since
i want to know whether you can be here legally even
after EAD expiry and can apply H1 in that period ?

rgds...
Click to expand...

Yes, except point 5 which is:
apply NEW H1 with adjust of status. It is a brand new H1 since the previous one was already expired.
It seems that you can not extend an H1 that already expired. You can only extend an valid H1 which is about to expire or so.

Of course, even though I got a brand new H1, the 6 year count does not get reset. Therefore, unless you have special situation (LC pending or whatever), you will be able to have the new H1 6 years MINUS whatever time used in the previous one.

G
 
Re: took care of IRS

Originally posted by risktaker
ah! ah! I covered that angle ghost-rider...I was off payroll during that time...I cannot give complete story because of obvious reasons...Bottom-line is I got away with it and IRS will not have trace of it...:cool:
Click to expand...


Well risktaker, for me it is not only about being caught, it is also how well do I sleep at night ... When is about GC, I am extremely paranoic so I make sure that I am not in the grey area not even a second. It is a beautiful thing to feel clean, you know, that feeling when you get out of the shower ... :)

G
 
Originally posted by neeru
interesting. So you have

1) extension of status (From H to H, no need to leave USA)
2) change of status (From other to H, need to exit and enter before starting to work)
3) adjustment of status (From EAD to H, ????)

Are 2 and 3 not equal. If you do (3), does it mean you need not leave the country for a Visa and return?
Click to expand...

It seems that adjusting the status from whatever to H1, all you need is a new I-94. It is not the stamp in the passport, but the I-94.
And there are two ways of getting the new I-94:
1. Get out of US and get back in, that incidentaly forces you to get a stamp in the passport, but that is only incidental.
2. Ask BCIS to issue a new I-94 at the time you file for H1. Now here is a catch. BCIS might or might not approve that. My lawyer told me that there is a chance that they will not issue new I-94, in which case you have to go thry route 1. In my case that would have been very unfortunate because I can not leave US witout getting my GC process aborted (I do not have yet AP extension). I would have found myself stuck waiting for AP, EAD or 30 more days to get iEAD (whichever came first! :) )

Isn't this fun?
G

PS: You know about all this GC stuff, all waiting and suffering ... there is a saying: What doesn't kill you, makes you stronger!
 
Originally posted by jatyamla
Hi Gica

i am on the Same bot, can u tell me how long ur New H1 B Premier Processing took.
Click to expand...

about 3 weeks
Of course, depends how fast HR and lawyer are moving too ...
 
gica,

so

1). it is possible for some one with EAD to apply for a new H1?
2). and to be able to legally work in US, you need not only a new H1, but also a new I-94 as well?
3). were the 2 applications (new H1 and new I-94) in one application package when you applied to BCIS?
4). did you mean it is possible you will have new H1 approved, but new I-94 denied? if that's the case, you still can not work?
5). did BCIS sent the new H1 and the new I-94 in one evenlope at the same time?

Thanks
 
gica,

Good post, definitely clarifies a lot of things for people in doubt and provides good advise.

Glad things worked out for you. Hope you don't have the same problem in the future!
 
Originally posted by csctransfer
gica,

so

1). it is possible for some one with EAD to apply for a new H1?
2). and to be able to legally work in US, you need not only a new H1, but also a new I-94 as well?
3). were the 2 applications (new H1 and new I-94) in one application package when you applied to BCIS?
4). did you mean it is possible you will have new H1 approved, but new I-94 denied? if that's the case, you still can not work?
5). did BCIS sent the new H1 and the new I-94 in one evenlope at the same time?

Thanks
Click to expand...


1. According to my lawyer, H1 work permit and EAD work permit can coexist. That means you can have both of them at the same time. That means it is possible if you have EAD to apply for H1. The only constrain is that once you switch to EAD, H1 becomes invalid.
2. Yes, the H1 petition is not enough to start working. You will need first to adjust from EAD to H1 status. This is equivalent to issuing a new I-94.
3. Again, based on what the lawyer mentioned to me, he "Requested for AOS in US when he applied for H1". Now I am not sure what that means. Either a formal note attached to the application requesting that or some kind of special form that needs to be filled. Ask your lawyer, I am sure he will now that.
4. Yes, that is possible too. My lawyer told me that there are chances that BCIS will not approve AOS in US, in that case I would have had to get out, and get in.
5. Actually the I-94 is attached to the Petition, to be more exact is part of it. The bottom right corner of the H1 petition is the I-94 itself which is perforated so you can tear it off the petition.


... and please, understand that all this information is based on my discussions with lawyer and experience I went thru. I really do not guarantee that it will work out the same for you.

G
 
Originally posted by 140_takes_4ever
gica,

Good post, definitely clarifies a lot of things for people in doubt and provides good advise.

Glad things worked out for you. Hope you don't have the same problem in the future!
Click to expand...

Thanks 140!
When I was in the middle of my crisis and I didn't know what the heck is going on, I remember you posting some very usefull info that helped me thru this experience. Now of course is my turn for the pay back! :)

BTW, my lawyer told me he has some friends down in LA (immigration lawyers too) whom start the bussiness as a result of their own experience of going by themselves thru immigration process. The dudes learnt so much in the process that by the time they got their GCs, were ready to give advice. I found that pretty cool. This discussion with my lawyer came on as a result of the fact that I gave him some clues and stuff that he didn't think about at that moment (for example, the fact that I didn't have AP and I couldn't go to canada for AOS even having the H1 petition).
There are couple of people here on this forum whom have very good chances in conducting immigration advice/representation etc. And yea, you are one of them ... I think! :)

GG
 
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