H1 B expired 140 in appeal

G

gcconfusion

Registered Users (C)
hi,

Can anyone advise if it is legal for me to stay in the country if my H1B has expired and my 140 is in appeal stage (concurrent filing). I have not received my EAD or travel documents.
I filed 140 and 485 before the expiration of my H1B.

Will there be any problems when I leave the country with an expired I-94.

thanks
 
I guess you are working on EAD ?

If H1 expired, you should be working on EAD, I believe. The other thing is that you cannot travel until AP is approved.
 
Hi Gcconfusion
If your H1 is expired and you do not have EAD, then you cannot work. You cannot work merely on the basis of applying for EAD (like H1B). Only after getting the EAD, you are eligible to work. If you have not received EAD approval (and no RFE) within 90 days of applying for EAD, you can go to the local USCIS office and get temporary card and work on the same.

About travelling without AP - (following text is from the url mentioned below)
Any adjustment of status applicant who leaves the U.S. without advanced parole is automatically considered abandoning his/her application for adjustment of status. Such a person will generally not be allowed back in the U.S. The person would have to do consular processing while remaining out of US. This applies to going to any place outside US, even going to Canada(Even Canadian Niagara Falls) or Mexico or places like Bahamas. (This requirement does not apply to people who have applied to adjust to permanent resident status and are maintaining H/L status.)
For more info, go to - http://www.immihelp.com/gc/aos/ap.html
Hope this helps.
 
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