Emergency!I-140 Aprvd, H1B exp in 2 mths! Is receipt for I-485 enough to keep working

[FernandoAlvarez]

Lords of immigration. I'll be grateful if you answer this question for me. Thanks in advance.:
. I just got my I-140 approved as a Mem of profession w/Adv Deg, or Exceptn’l Ability Sec. 203 (b) (2). I am a Mexican Citizen. I am currently on a H1B visa on my 7th year (I extended it 1 year while my labor cert was pending). My H1B visa expires on 7/15/07 (two months from now). As I assume, my I-140 approval is as EB2, therefore I am going to file my I-485, my travel document I-131 and for my employment authorization I-765.

My Questions are the following:

-Should I apply for an H1B visa extension or having the receipt for the I-485, and I-765 enough to keep the legal status, even if my I-485 case would have not been 6 months old once my H1B expires ?

-Is it risky somehow not applying for H1B visa extension?

-Can I keep on working after my H1b expires just based on the receipt of my I-765?

Thank you very much for your answer!

 

[pururwa]

its better to apply for h1-B extension

Lords of immigration. I'll be grateful if you answer this question for me. Thanks in advance.:
. I just got my I-140 approved as a Mem of profession w/Adv Deg, or Exceptn’l Ability Sec. 203 (b) (2). I am a Mexican Citizen. I am currently on a H1B visa on my 7th year (I extended it 1 year while my labor cert was pending). My H1B visa expires on 7/15/07 (two months from now). As I assume, my I-140 approval is as EB2, therefore I am going to file my I-485, my travel document I-131 and for my employment authorization I-765.

My Questions are the following:

-Should I apply for an H1B visa extension or having the receipt for the I-485, and I-765 enough to keep the legal status, even if my I-485 case would have not been 6 months old once my H1B expires ?

-Is it risky somehow not applying for H1B visa extension?

-Can I keep on working after my H1b expires just based on the receipt of my I-765?

Thank you very much for your answer!

You have to have an H1-B or EAD in hand in order to keep working. It takes about a month to 3 months to get the EAD approved. so, it would be better if you apply for an h1-B extension just to be on safer side.

 

[FernandoAlvarez]

Thank you very much for the answer. Now If I apply for H1b...

Thank you very much for the answer for H1B extension, it will take a few months as well. Can I keep on working just with the receipt that I applied for the extension until I get the approval or I need to have the approval on hand to keep on working? (Iam trying to save on the $1000 expedite fee)

 

[IN_LC]

Thank you very much for the answer for H1B extension, it will take a few months as well. Can I keep on working just with the receipt that I applied for the extension until I get the approval or I need to have the approval on hand to keep on working? (Iam trying to save on the $1000 expedite fee)

You dont have to have H1B Extension in your hand to keep on working. Receipt for extension will do. There is a grace period after you file for extension, 120 or 150 days dont remmember correctly, you can keep on working legally untill you get the notice of decision.