H1B / EAD related issue

[Hemang]

Hi,

I an interested in getting information about H1B and EAD in the scenario explained below,

My Six years of H1B is expiring in March 2003 and have applied for I485 in Novemebr 18, 2002.

I will be getting my EAD shortly. Even after getting my EAD is it required/advisable for me to extend my H1B visa?

I also have another question relating to my friends EAD renewal. How early can he send my EAD for renewal considering that EAD these days takes 2-3 months. Is there any specified rule regarding EAD renewal?

Will one be termed as 'out of status' if EAD renewal doesn't reach before the expiration date. I know we are not allowed to take salary for the period when we don't have renewed EAD. Because of this if we miss any paycheck, will this create problems if we get any RFP for salary slip? If one has an understanding with the company not to take salary till one gets EAD renewed, is it possible to take bulk salary for those months and not be termed 'out of status' once EAD is renewed.
Hope I have not confused anyone.

TIA,

 

[bajis]

Wow, a lot of questions in a single post! But let me take a shot at it.

Q: Even after getting my EAD is it required/advisable for me to extend my H1B visa?
A: According to the new law, yes you are eligible for 7th year H1B. But like EAD, it is also valid for 1 year and needs to be renewed again. My view, no you don't need a H1B also (save $120).

Q: How early can he send my EAD for renewal considering that EAD these days takes 2-3 months. Is there any specified rule regarding EAD renewal?
A: At least 3-1/2 months before current EAD expiry. The new EAD will start exactly from the date the current one expires. So no waste of time (due to overlap).

Q: Will one be termed as 'out of status' if EAD renewal doesn't reach before the expiration date.
A: No. No EAD means one can't work. You will be legal as your I-485 is applied and pending approval.

Q: I know we are not allowed to take salary for the period when we don't have renewed EAD. Because of this if we miss any paycheck, will this create problems if we get any RFP for salary slip? If one has an understanding with the company not to take salary till one gets EAD renewed, is it possible to take bulk salary for those months and not be termed 'out of status' once EAD is renewed.
A: Actually, you'll be better off without the pay. That shows that you did not work or get paid illegally. Don't worry, you won't get an RFE for the missing pay check.

Now I hope I didn't confuse you!