EAD expired-H1 still valid-Can I work ?

S

svvmahesh

New Member
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   My case goes something like this
   H1 valid from 03/2000 to 03/2003
   However worked on an EAD from 05/15/2000 to current.
   Current EAD expires 05/17/2001 , new EAD has been approved on May 2 but card has not arrived yet (as of May 14)
   My company lawyer has conclusively advised my company not to let me work if the physical EAD
   card is not in my possession by May 17.

   Given that the card does not arrive by May 17, Can I continue to work on the previous H1 which will
    still be valid on May 17 ????

   Note: No change in employer, no change in name. H1 and 485 (AD) from same employer

   Thank you
 
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H-1 is not valid if EAD is issued.
One can work if know that EAD has been approved. I don\'t know why your company lawyer has a problem??!.
 
No Title

"H-1 is not valid if EAD is issued"
It is not true, only if you use EAD, then H-1 is invalid.
Your H-1 was no longer valid since the day you used EAD!
 
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WHat do you mean by \'use EAD\'. DOes\'nt the
H1 get invalidated when the EAD is issued. How do you then
determine whne your EAD begins?

Dr D
 
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That\'s right. If you use EAD, then only H1-B is invalid. I also
took EAD, but i never used it. That\'s why I didn\'t renew EAD. I did go to local INS office to find out, whether i needed to renew. I was told that as long as we don\'t use EAD, H1-B is still valid. So i didn\'t renew my EAD.
 
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If you use EAD, then your H1B is automatically invalid.
To use EAD, you file I-9 form with EAD card, not H1B visa.
 
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You should be fine if you continue working with your current employer.

H1 would become invalid only if you leave the H1 sponsor employer and accept employment with some one else using your EAD.
 
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If I were you I will go to the local INS with old EAD and 485 reciept and get the EAD same-day.
Good Luck!
 
No Title

Dr D,
What I meant \'use EAD\' is when you switch H-1 to EAD. You can apply EAD but not to \'use it\' to keep your H1.
How to determine when your EAD begins? The day you asked your company HR to swith for you (you need to fill up some kind of form).
 
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