guju..question to you again

M

morgan60

Registered Users (C)
You have replied my question before regarding EAD and H1-B. Have one more question.
I obtained my 1st EAD in Jan '02 and my 1st H1-B applied thru current employer expired in Sep '02. I didn't apply for extension of H1-B that time. Then when I applied for my 2nd EAD, I didn't get that approved on time before expiry of my 1st EAD(expired 31st Jan '03). So my employer applied for new H1-B(as old one was expired and cannot be extended) in Jan '03 thru Premium Processing and got approved for me to continue my job without any gap. Now I applied for my 3rd EAD which was not approved yet and 2nd EAD is expiring this monthend. Do you mean that I am legally allowed to work with my H1-B which is valid until Nov '04 eventhough I used 1st EAD for my work between Oct '02 - Jan '03? All thru I am with the same employer and only thing is that 4 months I used EAD. Please reply. Thanks.
 
Yes you are on H1.

When you used your EAD (Sept 02), you lost your H1 status, but then you regained your H1 status by applying for a new H1 in Jan 03, so since Jan 03 you are on H1, as long as you have not worked for anyone else since Jan 03, you are on H1 and you don't require EAD to work.

I am very confident about it, but for your own shake, ask an attorney, and hopefully some other senior, experienced members will also agree to my statement or if I am wrong correct me please.

If I were you, I wouldn't be wasteing more money in getting new EADs and APs untill my H1 expires, or I take up another job.
 
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