Ead

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zking

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My H-1 is expiring on 28-Feb-03 about 3 months from now..
My wife just became a citizen and i have applied for GC...Mailed everything 4 days back......

My package includes I-130,I-485,I-765 & I-864....
when should i expect the EAD interview???...i don't want to be out of status... can i work when my H1 expires & EAD is in process???

i am not appling for H1 renewal....

any info will help me plan things

Thanks once again
 
I applied in the same way in Aug. and my interview for EAD is in Dec.
You can work only after EAD if you donot have a valid H-1B but you can stay here as long as some decision has been made in your case.
thanks
NOT A LEGAL ADVICE. USE AT YOUR OWN RISK
 
An EAD Interview is a pretty simple thing.

You go to the INS office where your scheduled appt is: try and be there 30 mins before the scheduled appt.

Once you are done with security checks and stuff they will ask you to take a seat and the EAD officer will call you.

They will ask you to submit any previous EAD's you may have and will ask you to sign the EAD card along with your right index finger print. They will then click your picture and you are done.

As for your question on Status. INS considers you to be in status after you file your AOS application packet.

No you cannot work if your H-1B expires and EAD hasnt been issued.

Hope this helps.

Good Luck
 
ashikaul is correct.

You must have an EAD to continue working after your H1-B expires.

You will not be considered out of status if INS has accepted your application and issued you a recpt.

Regards,
AmIinTrouble
 
Regarding your question, I have found some information on a immigration help website:
http://www.immihelp.com/
In the Adjustment of Status(I-485) overview section, the following is said:

The person must be in status all the times in order to file Adjustment of Status. Exceptions to this are, if the person had stayed illegally for less than 180 days, he/she can apply for AOS. If he/she had stayed illegally for more than 180 days but the priority date is earlier than January 14, 1998 or qualifies under LIFE act, he/she can still apply for AOS by paying $1000 fine. All other persons must do consular processing abroad.

Between the time the adjustment of status is application is filed and the green card is approved, the applicant is considered to be in legal status as an "applicant to adjust status."

it also says:

If the non-immigrant visa status is expiring after filing adjustment of status application and before receiving EAD, the person can still work but the employer may be fined by allowing unauthorized person to work.

If you are planning to work using EAD, you need the actual EAD card before you can start working on it. Mere approval message on the phone system is not enough.

I hope it helps.
For further questions, you can check out the website. I found this website very helpful.
 
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