H1/ead/i485

J

JavedG

Registered Users (C)
I applied for I-485, EAD and AP all at the same time back in Feb 2001.

I currently have EAD and AP (both unused) that expire in May this year. My H1 is still valid till April 2003.

I apllied for EAD and AP just to be on the safe side. Now that I am real close getting my I-485 approval, should I even bother getting the EAD/AD renewed? If I don\'t renew them will I be in INS\'s list of illegal allieans given that I don\'t get my I485 approval by the time EAD and AP expire?

I have heard it in the recent news that they are going to have Driver State Licences to expire by the time one\'s status in the U.S expire. How would it work in a scenario like mine where I have H1 and EAD/AP at the same time where EAD expires unused and H1 remains valid.
 
Don\'t worry

JavedG Don\'t worry,

If you have changed the I-9 form with your employer (it means you are using EAD), your H1 becaomes invalid. In that case you need AP to re-enter US.
The day you filed I-485 your status in this country is legal till your case is adjudicated. It doesn\'t matter if you have EAD/AP or H1. From your message it seems that you are not using EAD, you are still using your H1. And so there is no question about AP as AP is only used when you use EAD. So even if your EAD/AP expire you need not to worry.
"A special case - if you are using EAD and it expires before your I-485 case is adjudicated then you can stay in this country legally but you will not be able to work (as per INS) (** but many people still work **). If you work with your EAD expired then your employer (where you work) will have problems from Labour Department not you."

Thats it.

AJJU
 
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