GURUS - PLEASE HELP !!! H1B Expiring !!

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ndJan2001

Registered Users (C)
One of my friend is in trouble! He applied for i-485 in Dec 99.His H1B is expiring and his Lawyer advised him to apply for EAD, but he did not apply for H1b renewal. He applied ofr EAD in May and his H1b is expiring in JULY!

Question

1) Can he go to a Local office and get EAD before 90 days ( He is in Virginia) ?
2) If he has applied for EAD and his EAD is NOT approved before H1B expiration, can he still work?
3) Will he be OUT OF STATUS?
4) Lawyer says "Just like H1B, if you have applied for EAD, you need not worry! You are all set and can work safely!!" Is it true??

Gurus, please HELP!!! Comments highly appreciated!
 
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I had the same problem. As per new rules, your friend can apply for H1B renewal now and continue to work. He must apply just 14 days before the expiry to continue to work. H1B allows him to continue to work, if he filled 14 days before, whereas EAD does not until you get card.

If he is not filing H1B now and even if EAD is approved and he can not work until he gets EAD card, either through INS or LOCAL INS office.

Good Luck.
 
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Desktop,

Thanks a lot for your reply. Can I find any written Rule/Law about the same? thanks in advance
 
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I do not know any written rule or law. My lawyer advised and my company followed this procedure.
 
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I agree with NDjan01. My friend was also in a similar position and he applied 1 month before H1 expiry. Once you apply, you are safe. But if you wait for EAD, you can\'t work between H1 expiry and EAD card receipt though you are not out of status.
 
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