EAD Renewal - can I work on H1B

S

satya1

New Member
My EAD expires on Feb, 5 2004. I applied for renewal on Oct 31, 2003.

I have my H1B valid until end of 2004. However, I don't have the visa stamped on my passport. I used my Advance Parole to enter US last time.

I have a valid I-94 until August, 2004.

In these circumstances, if I don't get my EAD approval what options do I have?

One option is, I can take an interim EAD after Jan 31, 2004. I am not sure if there will be any problems in obtaining interim EAD.

My question is, if I don't get an interim EAD, can I continue to work based on my H1B? Or do I need to get a visa stamp and reenter US to work on H1B?

After EAD expires, how much time do I have to leave the country, if I don't get any other backup options.

I appreciate any information.

Thanks.
 
My EAD expires on Feb, 5 2004. I applied for renewal on Oct 31, 2003.

I have my H1B valid until end of 2004. However, I don't have the visa stamped on my passport. I used my Advance Parole to enter US last time.

I have a valid I-94 until August, 2004.
------ You can work on H1, to work on H1 Visa stamp is not required for work Visa stamp is just for entry to US
In these circumstances, if I don't get my EAD approval what options do I have?

One option is, I can take an interim EAD after Jan 31, 2004. I am not sure if there will be any problems in obtaining interim EAD.
----- you can go for iEAD after 90 days of filing EAD and can get iEAD from local office
My question is, if I don't get an interim EAD, can I continue to work based on my H1B? Or do I need to get a visa stamp and reenter US to work on H1B?

After EAD expires, how much time do I have to leave the country, if I don't get any other backup options.

------ You don’t need to leave US your I-485 is pending you can remain in US till the date I-485 is not denied. Your status is AOS pending. For work you need EAD or H1 status
 
If we use EAD then after expiring Is it posible to use old H1(Still valid)?
You cannot use EAD after it has expired.
Is your old H1 Valid from employer A? Can company C get you an H1 ?
 
Ginnu

Mine is Future Emplyment GC. I got H1 B from Company A, GC applied from B.

I am using my H1b regularly from Company A. Last Dec, I got small project then I used my EAD for Company C. meanwhile I am getting My paystub from Company A also. Now I completed that small project. Still I am continuing work from Company A on H1B.

is there any problem, I am using both at a time?

Note: I have applied my EAD renewal on Oct 01 but i didn't get. I got IEAD for 3 months from local INS just 2 days back.
 
india-usa, You were on Full time H1 from company A, then while you were getting your pay-checks from company A, you worked for company C.

Did company C pay directly to you or paid to company A and then company A paid you? i.e did company C contract you from company A.

Did company C directly paid you, so that you were getting two pay checks - from Company A and C? If this is correct, then you are not on H1 anymore. You had to have a valid EAD to be working for any other company who didn't file your H1. Now that you are not working for C, you are still not on H1 because your H1 was invalidated when you started working on C. You will have to have a valid EAD all the time with you to continue working.

What you can do if apply for a brand new H1 again from company A. You cannot renew your H1, you have to apply for a new one, since your previous H1 got expired. However, untill you get your new H1 approved, you will require a valid EAD.

I strongly suggest that you contact your lawyer if you didn't have or don't have a valid EAD or had gaps in your EAD after you started working for C.

Anyother members, please correct me if I am wrong.
 
vsc_babu, if you always had a valid H1, and only worked for the company who filled your H1 (didn't do any part-time job or any other thing) then even having an EAD will not change your status from H1 to AOS pending.

Hence if your ead is expired it wouldn't matter since you were, are and will be on H1 untill your H1 expires or you choose to work for any other company.

Using your EAD will invalidate your status as H1, and then to get back on H1, you will require a new H1 petition be filled for you.

However, if you re-entered on AP, and still have a valid H1, and continue working for the same employer, then you are still on H1.
 
full time studies on EAD ?

this question might be out of place, but am wondering can one study full time after a certain stage in your 485 process or does one have to wait until you get the plastic GC in your hands?
 
on 2 the original question.once u enter US an advance parole ur H1 is deemed cancelled even if u have valid H till xyz time u will have 2 get ur EAD renewed would definitely consult an atorney before using H to work
My 2 cents not legal advice
 
ginnu:

thanks for your response...does that mean I can actually quit my job on H1, and then enroll full time or do i have to work at the same time? also, i have read about people able to change jobs 6 months after getting EAD..so does that apply to full time studies too?
 
puhrince,

It is not valid to quit your job and become full time student. While your 485 is pending, you can change your job, but each time you do so, you should file for a new AC-21 from the new employer.

In your case, if you wish to quit your job, and become a full time student, you won't have an employer to support your green card (AC-21).

-jaiganesh.
 
well thats why i was trying to figure out what ginnu meant i.e. is full time study ok as long as you show ur working..which could be part time? the job dosen't have to be the same as your previous one since after 6 months on EAD,supposedly you can change into whatever job u want?
 
You must log in or register to reply here.
Top