Expiring EAD, No H1 Visa and pending I-485

R

Robin555

Registered Users (C)
I am being proactive in case there are problems. I moved to a new job under AC21 on my EAD. When I started with my new company, my H1B1 (and wife and daughers H4's) died. After a second REF for Birth Certificates BCIS said to expect a decission within 60 days (Jan 17th). We are on day 33 so far. BCIS recieved my I-765 renewal application on Dec 12th. My EAD expires on Feb 2nd. This only gives me 58 days for my new EAD to be approved.

Given that I am not on H1B1 anymore and only on EAD, if we go past Feb 2nd with no I-485 approval, do I qualify for 245(k)?

Thanks!

Robin
 
Yes it is.

It is an EB3 category. Skilled worker or degree. I origionally came down under a TN visa from Canada. EB3 qualifies, right?

Thanks man!

Robin
 
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