H1-B after EAD??
- Thread starter hassoon
- Start date
It seems to be that you have to apply for a new H1. To my knowledge it will not effect your AOS processing. You can just give it a try applying for a new H1. If USCIS approves it then it is fine. Otherwise all you will loose is the money you spent on your H1. UCIS will either approve or deny your application.
Check with a Lawyer.
Check with a Lawyer.
My AOS is not guaranteed approval
yes it was pending for more than a year, yes my I-140 was not revoked in the first 6 months (at least as far as I know). But, I don't have similar job, The salary is much lower, among some other small complications in my case like that the company told me even before the application to 485 that I will be laid off. I left after applying for few days because of the layoff
yes it was pending for more than a year, yes my I-140 was not revoked in the first 6 months (at least as far as I know). But, I don't have similar job, The salary is much lower, among some other small complications in my case like that the company told me even before the application to 485 that I will be laid off. I left after applying for few days because of the layoff
ravioli_21_99
Registered Users (C)
Here's a bit of a catch on the EAD to H1-B. If you do have a pending AOS, and do not hold a valid AP, leaving the country to get your H1-B stamped would be an abandonment of your pending adjustment.
I was/am in a similar situation. The HR department didn't file my EAD in time to allow 90 days from receipt to expiration. I had only used the first 3 years of my H1-B before switching to an EAD. In order to prevent my having to take an unpaid leave for 30 days, the lawyer wanted me to apply for a new H1-B and then go back to Canada for a stamping. I had to remind him that my AP had also expired so I could not leave the country. We did the argument thing about "as long as I have something to come back with". I had to pull articles from the USCIS site to show him that the AP must be in hand prior to departure or it's abandonment of your adjustment. He agreed with me and I'm off for a month starting December 2.
I guess there's 2 points to this. One. Make sure you have a valid travel document before you leave to do this. Second. Do not blindly trust what your lawyer says. Educate yourself. I may have been screwed if I just did what was suggested. (There's good lawyers and there's bad lawyers)
Rav
PS. As a sidenote, since the company made the filing error, they are giving me a bonus prior to the expiration to get me through the month off. Nice of them isn't it !!
I was/am in a similar situation. The HR department didn't file my EAD in time to allow 90 days from receipt to expiration. I had only used the first 3 years of my H1-B before switching to an EAD. In order to prevent my having to take an unpaid leave for 30 days, the lawyer wanted me to apply for a new H1-B and then go back to Canada for a stamping. I had to remind him that my AP had also expired so I could not leave the country. We did the argument thing about "as long as I have something to come back with". I had to pull articles from the USCIS site to show him that the AP must be in hand prior to departure or it's abandonment of your adjustment. He agreed with me and I'm off for a month starting December 2.
I guess there's 2 points to this. One. Make sure you have a valid travel document before you leave to do this. Second. Do not blindly trust what your lawyer says. Educate yourself. I may have been screwed if I just did what was suggested. (There's good lawyers and there's bad lawyers)
Rav
PS. As a sidenote, since the company made the filing error, they are giving me a bonus prior to the expiration to get me through the month off. Nice of them isn't it !!
original_007
Registered Users (C)
EAD expiration
Ravioli,
i was under the impression that you are "eligible" to work even if your EAD expires, as long as you applied for a renewal before the expiration date. The USCIS doesn't have a problem with this, since your new EAD will start where your old one left off..
Now, your company might want you to have a valid EAD in-hand at all times, this is their decision if they so choose.
Let me know what you think.
Ravioli,
i was under the impression that you are "eligible" to work even if your EAD expires, as long as you applied for a renewal before the expiration date. The USCIS doesn't have a problem with this, since your new EAD will start where your old one left off..
Now, your company might want you to have a valid EAD in-hand at all times, this is their decision if they so choose.
Let me know what you think.
ravioli_21_99
Registered Users (C)
That is not true. You must have an approved EAD to work. (having it physically in hand may be debateable). It's not like an H1-B where as long as it's been received by the USCIS, you can work.
If it were true that as long as it was filed you can work, then there wouldn't be a need for the 90 day temporary rule.
Best Regards
Rav
If it were true that as long as it was filed you can work, then there wouldn't be a need for the 90 day temporary rule.
Best Regards
Rav
RAV is right ...
.. you have to have an approved EAD to do any work.
It does not work the H1-B way where just by submitting an application for renewal would let one continue to work. Infact, even with the H1, it was not until December 2000 that you could do it.
Just be sure of the facts before you do anything ... as RAV pointed out, do not completely trust your lawyers .. there are few out there who care a damn about you.
.. you have to have an approved EAD to do any work.
It does not work the H1-B way where just by submitting an application for renewal would let one continue to work. Infact, even with the H1, it was not until December 2000 that you could do it.
Just be sure of the facts before you do anything ... as RAV pointed out, do not completely trust your lawyers .. there are few out there who care a damn about you.