EAD expired while waiting for I485answer

H

hoping4miracle

Registered Users (C)
My EAD expired last week and my lawyer told me I do not need to renew it since I have applied for the I-485 and have a valid H1B. Is this true? Should I apply anyway or I do not need it to work for my sponsoring company?? Please help!!!! THANKS
 
If you have a valid H1, you don't need your EAD to continue working for the same company.
However, if you had concerns about your employment future, it would be good security.

We never even applied for the EAD for my wife (primary applicant) as she had 2 1/2 years on her H1 and excellent job security.
 
Your layer is right only if you never used and will not use Advanced Parole. Once you use AP, your H-1B is void automatically.
 
Does use of AP voids H-1 status ???

Please read the following from Attorney Murthy's chat sessions :

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Question : If a person reenters on AP, does that mean that his H-1 becomes invalid and he needs to get the EAD to start working again?

Answer : The March 2000 INS Memo, which clarified and corrected the original position of the INS allows a person who enters on the AP to continue working on the H1B and does not require the EAD to be processed if the person works for the same sponsoring H1B employer.
Date : 2001-11-05


Question : Good evening! Both my husband and I are H-1 holders and we filed I-485 and got AP. If I use AP to travel, does that mean I will lose or give up H-1 status?

Answer : No, the INS Memo of May 2000 makes it clear that choosing to reenter on the AP instead of the H1B allows the person to file an H1B extension or an H1B amendment etc. and revert to H1B status if the person continues to work with the H1B employer and has not yet worked in "open market employment."
Date : 2002-05-20


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