EAD Question - Can I get back to H1B

S

skwk

Registered Users (C)
Dear readers,

Thanks for reading my post.

I applied for EAD renewal on Dec 7, 02 when I realized that my EAD was expiring Jan 28. I am certain that EAD renewal will not be approved before that date.

In Aug 2001, I had submitted I-9 to my employer with EAD as work authorization even though my H1B is valid until Apr 2003. I have not traveled on AP, this is one reason to lose H1B status with INS.

Question? Can I submit a new I-9 with H1B approval notice as an employment verification document?

Thanks for your help.
 
Haven't you already asked attorney Murthy?

well if not someone in exactly your situation did...

Chat User : While in AOS, after using EAD and 6 years of H1B is expired, can the person change from EAD to H1B (1 year extension) if person's EAD extension is taking time?

Attorney Murthy : Although there is no specific mention in the INS law or regulations on this specific issue, the INS has alluded that a person should be able to file an H1B 1-year extension, even from outside the U.S. or within the U.S. Worst case scenario is that the person may have to travel abroad and reenter on the H1B status by applying for the H1B visa abroad, but we believe even that should not be necessary as long as the person always maintained valid legal status until filing the AOS and thereafter.

http://www.murthy.com/chat0106.html
 
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