EAD question

[BeenHad]

Hello guys,

I suppose this is a fairly simple question for you all.


Once we get the EAD and if the H1-term (6 years) expires, can we still stay back in this country legally?

I am aware of the 180-day clause where if 180 days has passed since filing of I485, then we can legally stay here and move on to other similar jobs.

Thanks and good luck, god speed.
--BH

 

[july16]

BeenHad

--Once we get the EAD and if the H1-term (6 years) expires, can we still stay back in this country legally?--

Yes once you apply for AOS you are legal, even if you dont have EAD, but an EAD is required to work, so no worries.

--I am aware of the 180-day clause where if 180 days has passed since filing of I485, then we can legally stay here and move on to other similar jobs. --

Depends, if you are working for the company that sponsered your GC, then yes that rule applies to you, But if your GC application is for future employment, you dont necessarily have to work for that company until your I 485 is actually approved.

Hope this helps

 

[BeenHad]

EAD question (contd)

Thanks, July16.

> Yes once you apply for AOS you are legal, even if you dont
> have EAD, but an EAD is required to work, so no worries.

I am not pursuing AOS, but am using the regular I485 process.

Am still not clear whether starting the I485 will suffice (to stay over) after the 6 year term expires. I don't think so, hence the question remains whether EAD is good enough or whether the 180-day period must be complete.

What exactly is necessary from a visa point-of-view to continue to legally stay here (besides a job, of course)