Gurus, Please advise.

G

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:
 
Here is some answers.....

GC-1108:

1. if I do not receive my EAD before July 29th, Would I be "OUT OF STATUS".

>>>>>>>> No you will not be out of status. I believe on July 29th , you become an "adjustee" status which is legal.
2. Is it necessary to go to local INS for interim EAD before July 29th and plead with the officer for earlier issuance.

>>>>> I dont know. if they have already told you that their policy is to issue only after 91st day, pleading wont help much.
3. Do I have to apply for extension of H1 (Just for six days)

>>>> Only option I think you have (in order to work legally between July 29 and Aug 15) is to apply for H-1B extension beyond 6 yrs which recently became possible under AC21 laws. However, I think you must file your application before July 29 or otherwise you will switch to adjustee status and then you can not switch back to H-1B. I am not 100% sure about this but others may be able to shed some more light.

Remember, we are only talking about "working legally" between July 29 and August 15. As far as your "legal status of being here in US" goes, you are covered based on your pending I-485. You are already in status. But if you were to work between July 29 and August 15 and you havent filed H-1B and dont have EAD that will be illegal. The other option would be just not to work on that period and dont take salary for that period or you might work something out with your employer.

Hope all of this helps.
 
Please Advice

I am in same boat as of yours, GC-1108. Mine RD is 1st wk May, not rcvd anything yet. You (or Anyone, including Mr Jaxen) please help me in following ques

1. What is addr/time/procedure to get iEAD from Dallas office

2. Incase I am out of job before 91 days can I still get iEAD (do they ask as-of-date emplyoment
verification)

3. Once I join a company in EAD, can they start my H1 (as EAD/AP has their own problem). Also what if by that time my I-94 expires (3 yr h1, exipiring soon) and I think for filing H1 from US valid I-94 is must....

Answers on above questions will help me like anything.
 
Apply for an extension

I agree with sg94. I know two friends who did that. One guy was waiting for his EAD. That didnt come through before July 3rd (his H-1B expiration date). So they applied for an extension which is legal. I guess by the time you even receive a notice for that you will have your Interim EAD in your hand. It's not a big deal. But I believe you should apply for the extension before the 6yrs expire. I am just confirming what sg94 said. But lawyer knows the best. Goodluck
 
Similar situation

I am in a similar situation.
EAD Renewal, RD 5/23/2002, ND 5/31/2002
CUrrent EAD valid till 8/23/2002
H-1B already expired.
No news from TSC yet.

Can I go to Atlanta INS on 91st Day, which is AUg 22, 2002 in my case and get Interim EAD ?
 
Jaxen, Can I get EAD earlier than 90 days

Jaxen,
Since filing H1 extension in my case, needs additional more than $1500, the company is hesitant of paying for it for just 6 days. In this case, do you know, local Atlanta INS can give me interim EAD before that. Also as all others said, please confirm that if I do not apply for H1 extension, I will not be out of status. Will it create any problem as my I-94 will also exoire on the same day.

Please advise.

Thank you all for your help and advice.
 
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