H1 extension filed late EAD on hand.

R

rockets12345

Registered Users (C)
My H1 expired on 10/11/2007. I got my EAD valid from 10/10/2007 to 10/09/2008. I am not using my EAD for work yet.

As currently my Attorney messed up my H1 status. He sent my H1 extension to a wrong service center on 10/08/2007 i.e. California and they sent the application back saying they no more process H1 extensions and we need to apply to Vermont. My Attorney got the documents on 10/26/2007 and sent them to Vermont on 10/30/2007 with a proof that we applied on time but service center didn't accept it.

My only worries are what if H1 extension is not approved in that case what will happen to my 485 and EAD. Can I continue working as I have already applied for my H1 extension and whatever the H1 extension response is based on that if it is approved I can keep H1 also and if extension is denied for some reason then at that point can I use my EAD and file a new I-9 Form with my employer and continue my work. Is there going to be any effect on my status or 485. Is there going to be any issues later.

What are my safe options.

Thanks
 
Since you mentioned that EAD is approved I conclude that you already filed I-485, before H-1B expiry. Now I don't see any violation of status as per staying in the U.S. However, you may have worked without authorization (maybe for a brief period). Why don't you PP the H-1B transfer? Talk to your lawyer about this.
 
Yes I already applied 485 and also received my EAD start date 10/10/2007 and my H1 expired on 10/11/2007. Applied for H1 extension on 10/30/2007.


Thanks
 
rockets12345 said:
Yes I already applied 485 and also received my EAD start date 10/10/2007 and my H1 expired on 10/11/2007. Applied for H1 extension on 10/30/2007.


Thanks
Click to expand...

How you work with expired H for that time without applying for extension. Yes, you are in legal status based on your pending I-485. Now, you have gap between the H visa and you should fix that by using your EAD from 10/11 and keep using it. If you want to reuse the H after you receive the extension, then you have to go abroad to get new stamp.
 
mmed said:
If you want to reuse the H after you receive the extension, then you have to go abroad to get new stamp.
Click to expand...

Not necessary. One may move from EAD to H-1B status without re-entering the country. H-1B I797 approval notice usually has a start date and that's when H-1B status would be effective from. It might, in some cases, specifically ask to go outside the country and re-enter with a valid stamp to be effective.

Otherwise only to re-enter in future, H-1B stamp would be required or else AP could be used.

But take a good lawyer's advice on this and proceed as he recommends.
 
Last edited by a moderator:
Well my Attorney did apply for extension before the expiration but was sent to wrong service center and they returned back saying need to be filed to other service center. So my Attorney applied to the right service center with the proof of original filing dates.

Thanks
 
Crazy?

I don't know who decided to file the extention only 2 days before it was expired. It is sooooo risky.

You should have filed your extension at least 1 month before it was expired. By law, you can only work if your have a valid H1b, or you have a receipt of H-1b extension (note this must be the receipt you received from INS, not your mailing receipt). If you decide to switch to EAD, you must do so before your H1b is expired.

You are now already in trouble. You need a better attorney. And do more homework.
 
rockets12345 said:
As I already did talk to my Attorney and he says it's all fine and there's nothing to worry about.
Click to expand...

If you get I-94 along with H1 approval you need not do any thing. If you d not get I-94 you may have to go out and come back with new stamping.
If you do not want to maintain H1 status you do not have any problem or issue
 
You must log in or register to reply here.
Top