H1B Waiting on Family-Based Approval

M

mcpaul

Registered Users (C)
Hello,

My wife (a U.S. Citizen) and I were married in August of this year. I submitted my Employment Authorization Document (I-765) with my Adjust Status (I-485) documents and received a receipt date of October 12th, 2003 for both.

I was asked to have my fingerprints and biometrics taken, which I did on Nov 4th.

My H1B visa expires on January 4th, 2004. Is it necessary to have a new EAD in hand before my H1B expires? Or is having a pending EAD application sufficient to allow me to continue working past Jan 4th until a new EAD arrives.

(Apologies if this question is more appropriate for the H1B forum. I wasn't sure where it belongs.)

Thanks,

Paul
 
mcpaul,
you dont need the EAD approved before the H-1B expires to live in US. The I-485 pending application makes you 'in adjustment of status" status..

However if you wish to work or continue working, you sure need the EAD approved...

goodluck
 
Just to be clear, you need to have the EAD in hand to continue working after your H-1 expiry date. The other alternate is to file an H-1 extension ( if you have the time left on H-1) prior to expiry to continue wokring on H-1 ( H-1 does not need to have been approved to continue working, just a legitimate application filed.
 
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