H1B Expiring, no EAD

I

imhopeful

Registered Users (C)
All,

Hoping to receive some help re: a question.

My H1B will expire on Christmas day and to-date I have not received my EAD card. If my EAD card does not show up by 12/25, can I take a leave of absence from current employer until my EAD arrives?

My timeline appears below...

Thanks.
 
I think the day your visa expires you will automatically fall off payroll so you won't be eligable to take leave, I'm in the same boat, my OPT expired October 14 and I was automatically released form employment.
 
Maryana Avagyan said:
I think the day your visa expires you will automatically fall off payroll so you won't be eligable to take leave
Click to expand...

Not the case. There's no tie between payroll and visa status, and no being automatically dropped. If there's a gap between H1B expiry and EAD approval, then one can take paid or unpaid leave, assuming it's not an EB case where 245k relief applies, or an immediate relative case.
 
EAD approved!

Am I a happy camper or what!!!

My EAD was approved this morning - received an email from USCIS saying that "card production has been ordered..."

Funny sequence of events...
12/19 @ 6:00pm: Post message on forum re: options for H1B expiring and no EAD yet
12/19 @ 6:30pm: Setup InfoPass for 12/20 @ 9:00am to check on EAD status
12/20 @ 8:45am: Receive email re: EAD approval while driving to InfoPass appointment
12/20 @ 9:00am: Meet with USCIS to thank them for the Christmas gift instead of checking on status!!!

Thanks all for your inputs...
 
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That is a funny timeline. Well, at least everything worked out for you. Now just wait for your mail.

I have a question and wondering if you could help me.

1. My I-94 expired on 1st Dec
2. Applied for H1 extension - (result may come in Jan)
3. Husband getting citizenship in Feb
4. I will be eligible to file EAD after that.

Suppose I don't get my h1 extension approval (applied extension first
time)

1. How long can I over stay after rejection?
2. Will it be okay to over stay for a month and file EAD in Feb ?

imhopeful said:
Am I a happy camper or what!!!

My EAD was approved this morning - received an email from USCIS saying that "card production has been ordered..."

Funny sequence of events...
12/19 @ 6:00pm: Post message on forum re: options for H1B expiring and no EAD yet
12/19 @ 6:30pm: Setup InfoPass for 12/20 @ 9:00am to check on EAD status
12/20 @ 8:45am: Receive email re: EAD approval while driving to InfoPass appointment
12/20 @ 9:00am: Meet with USCIS to thank them for the Christmas gift instead of checking on status!!!

Thanks all for your inputs...
Click to expand...
 
What time did you buy a lottery ticket on 12/20? If you haven't yet, buy one :)
Congrats!!!

imhopeful said:
12/20 @ 8:45am: Receive email re: EAD approval while driving to InfoPass appointment
12/20 @ 9:00am: Meet with USCIS to thank them for the Christmas gift instead of checking on status!!!
Click to expand...
 
Hmm...

chicagolady said:
That is a funny timeline. Well, at least everything worked out for you. Now just wait for your mail.

I have a question and wondering if you could help me.

1. My I-94 expired on 1st Dec
2. Applied for H1 extension - (result may come in Jan)
3. Husband getting citizenship in Feb
4. I will be eligible to file EAD after that.

Suppose I don't get my h1 extension approval (applied extension first
time)

1. How long can I over stay after rejection?
2. Will it be okay to over stay for a month and file EAD in Feb ?
Click to expand...

On what basis did you apply for an H1 extension? Time spent outside the country? Or is this an extension following the expiration of a 3-yr H1?
Also, when did you apply for your extension? I'm assuming it was filed before December 1st.

I have heard that USCIS allows upto a 30-day grace period - that is given to allow a person time to leave the country.

I really have not heard any problems with H1B extensions provided they are bonafide so you should not have anything to worry about.

To re-assure yourself it might be a good idea to talk with your lawyer (assuming your employer has one) or even schedule a consultation on your own with a competent immigration lawyer.

Be sure to apply for your Adjustment of Status as soon as your husband becomes a citizen (do it the next day!!!) - I waited for a while and that resulted in a lot of nervous days/nights while I waited for my approvals to come through...
 
imhopeful said:
I really have not heard any problems with H1B extensions provided they are bonafide so you should not have anything to worry about.
Click to expand...

Exactly. If there is an issue, and the February date is for the oath and the N400 has been approved, then I'd simply stay in the US until that happens and file the I-130/485/765 package once he becomes a citizen.
 
This is an extension following the expiration of a 3-yr H1. And I filed it in October so I am in the safety zone.

The only reason I am affraid I may not get extension because I came here on B1 visa and got H1 3 years back. So the worst case scenario they may reject OR approve H1 but don't give I-94 in which case I will have to go to home country, (which I didn't in these 3 years) and I am sure they will not let me come back :(

I think it would be good idea to talk to lawyer after I get rejection.

Oh, you could imagine how eager I am to file 485, I waited for that day from last 3 years and I can not wait any longer :) I think I would take his certificate after oath and directly go to the lawyer :) LOL

I am 99% sure but I would still ask, I filed I-130 2 years back when I got married, and if I don't have I-94, can I stay here till my husband get citizenship?

imhopeful said:
On what basis did you apply for an H1 extension? Time spent outside the country? Or is this an extension following the expiration of a 3-yr H1?
Also, when did you apply for your extension? I'm assuming it was filed before December 1st.

I have heard that USCIS allows upto a 30-day grace period - that is given to allow a person time to leave the country.

I really have not heard any problems with H1B extensions provided they are bonafide so you should not have anything to worry about.

To re-assure yourself it might be a good idea to talk with your lawyer (assuming your employer has one) or even schedule a consultation on your own with a competent immigration lawyer.

Be sure to apply for your Adjustment of Status as soon as your husband becomes a citizen (do it the next day!!!) - I waited for a while and that resulted in a lot of nervous days/nights while I waited for my approvals to come through...
Click to expand...
 
Wouldn't that make me out of status?

TheRealCanadian said:
Exactly. If there is an issue, and the February date is for the oath and the N400 has been approved, then I'd simply stay in the US until that happens and file the I-130/485/765 package once he becomes a citizen.
Click to expand...
 
TheRealCanadian said:
Not the case. There's no tie between payroll and visa status, and no being automatically dropped. If there's a gap between H1B expiry and EAD approval, then one can take paid or unpaid leave, assuming it's not an EB case where 245k relief applies, or an immediate relative case.
Click to expand...
When my OPT expired on October 14th an they told me that I was automatically dropped from payroll and I had to stop working...
 
chicagolady said:
Wouldn't that make me out of status?
Click to expand...

Yes, it would. There's no penalty for overstay for immediate relatives, so it would be far simpler and cheaper than immediately leaving the US and doing the processing from abroad.
 
Maryana Avagyan said:
When my OPT expired on October 14th an they told me that I was automatically dropped from payroll and I had to stop working...
Click to expand...

I don't doubt it, but that's your individual employer's policy, nothing more.
 
imhopeful said:
I have heard that USCIS allows upto a 30-day grace period - that is given to allow a person time to leave the country.
Click to expand...
This is a fallacy, there is no "grace period" for H-1B, when it runs out, you are supposed to leave the USA unless you have an extension or AOS in process.
 
Dr_iha is dead right. Theoritically the moment an H-1B is terminated, he/she falls out of status and needs to leave the US. However DHS realises that things in practice operate differently. Thus DHS lets people leave the US in a "reasonable" amount of time. According to my cousin (who is an AILA member), anything beyond 10 days will cause issues. Reason being that one should be able to find a flight to his/her eventual destination from the US within 10 days.
 
FYI, the 30 day grace period is true for people on J-1, which is why a lot of people automatically assume its also available for people on H-1B, which is untrue.

I believe the idea with the J-1 grace period is to allow J-1 exchange visitors some time to be in the USA after their exchange work has finished, i.e. for vacation (although the official line is "to settle their affairs"). For example In 1993 I came to work in the USA on a J-1 at an amusement park, after my employment ended I spent 4 weeks travelling around the USA. This wasn't a voilation of my visa due to the J-1 having the 30 day grace period.
 
So I guess, either I should file again to buy some time till my husband gets his citizenship, OR I will take a risk and just be out of status.

I asked my lawyer, she said you would be fine if are out of status and then file for AOS.

But my husband already mentioned in his N-400 that my wife is on H1 here, which may not be true when he goes for interview. So should he change his application and tell interview officer that my wife is now out of status? :eek:
 
Your husband needs to remember two things when interviewing with USCIS
(1) Never lie
(2) Never volunteer

chicagolady said:
But my husband already mentioned in his N-400 that my wife is on H1 here, which may not be true when he goes for interview. So should he change his application and tell interview officer that my wife is now out of status? :eek:
Click to expand...
 
dr_lha said:
This is a fallacy, there is no "grace period" for H-1B, when it runs out, you are supposed to leave the USA unless you have an extension or AOS in process.
Click to expand...
H1 has a grace period under some circumstance.
The law allows H1B 10 days grace period when H1 period is completed.

Sec 214.2(h)(13)(i)(A)
(A) A beneficiary shall be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. The beneficiary may not work except during the validity period of the petition
 
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