Gurus, please advise. H1 and six years expire on 29 July. 485 and EAD applied.

GC-1108

Registered Users (C)
Gurus,
please advise ASAP. I have applied for 485 and EAD in first week of MAY 2002. But the father of sleeping giants, The Texas center, has not yet approved EAD. The local INS office informed that interim EAD will be given only on 91st day, which falls on August 5th. Meanwhile, my H1 and six years expire on July 29th.
Gurus, please let me know,
1. if I do not receive my EAD before July 29th, Would I be "OUT OF STATUS".
2. Is it necessary to go to local INS for interim EAD before July 29th and plead with the officer for earlier issuance.
3. Do I have to apply for extension of H1 (Just for six days)

Any kind of immediate help is greatly appreciated.

Thank you in advance.
:confused:
 
You should apply for your H1 extension under AC21. This way, you can continue to work without EAD. My feeling is that it is better to be on H1 than work with an EAD.

My H1 got approved during the 1st week of july (7th year under AC21). When I filed for my H1 extension, my I-140 was pending, and by the time I received the AP, EAD, and FP approvals, my H1 extension was still pending.

Good Luck!!
 
h1 when

Hi Vault.
Looks like your h1 took long time. As mine
is a similar case would you please share
your h1 filing date.
Thanks
 
alternatives...

As long as your 485 is pending you are not out of status. EAD or h1 is used for authorized employment.
Here are some more options:-

U can be "off the payroll" for these six days.

U can also find another district or sub office within your state to attempt for interim EAD.

Of course you can apply for H1 extension too.

Talk to your employer (and lawyer) and make the right decision. All of the above are valid and legal options and what is best for one may not be for another candidate.
 
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