Ead - H1b

[haplabor]

Here is my situation:

1) My EAD is pending and may not be approved by the time my current one expires

2) I have a valid H1B

3) I travelled on AP

Q?

Can I use H1-B to continue working if EAD does not get approved in time?
Please provide your experience and thoughts. thank you very much!

 

[kbxkb]

Am I getting you right?

Lets see - you hve said "I have a valid H1B". That implies that you have never used your EAD.

Because if you had used your EAD, your H1B is no more valid. Assuming that you are correct (i.e., your H1B is valid, i.e., you never used your EAD), what you are doing is simply renewing an unused EAD, correct?

So I do not see how this renewal activity affects your H1 at all. Your H1 was valid, is valid, and will be valid. The EAD that you have is a parallel independent thread that does not affect the H1 unless you actually use it, at which point, it invalidates the H1.

Thus, even if your EAD renewal is delayed, your H1B, as it always has been, will continue to maintain your status.

Only if your EAD approval is delayed so much that your current H1B expires before the EAD is approved, then you are in little trouble. Even then, not much. Because if your EAD approval is delayed beyod 90 days, you can get an interim EAD.

Your travelling on AP has no bearing on the topic.

I am not a lawyer!! This is what I know from experience.