H1B will expire before EAD eligibility

S

sami39

Registered Users (C)
Dear All,

My Receipt Date and Notice Date for EAD is Dec 8th, 2003.
Mar 7th,2004 I can goto local office and collect my EAD but my current H1B Visa expires on Mar 3rd 2003.

Question-1
========
What should I do?

Whether I should avoid going to work between Mar 3rd,2004 and Mar7th,2004
OR
Is it better to apply for H1B renewal?

Question-2
========
I have been in california for 3 years. Filed labour,I-140.

I filed my I-485 in California Service Center. My employer also located in California and paying californa tax.

But now I am working in NJ and given NJ address for all INS correnpondence.

Is it the right thing to do?

Any help would be greatly appreciated.

Thanks in advance,
Sami
 
1a. Apply for renewal H1

1b. It is not as simple as staying at home and not going to work, your HR will actually have to take you off the payroll and after you are eligible to work once again, reinstate you. Not a very nice thing to happen I can tell you. So go with 1a. Above.

Besides why would you want to lose your H1 status? As soon as you use an EAD to work, you will find it difficult to go back to H1 and this saga will repeat itself year after year, until you learn to apply for EAD 90 days prior to expiry of current work authorization.

2. Yes. You are doing the right thing, your case might get transferred to VSC, but even that is a good thing, since besides being the legal thing to do, VSC is moving much faster than CSC.
 
Last edited by a moderator:
1. Apply for your H1 renewal.

Don't expect that after 90 days u can go and get your iead on hand. some times you may get a RFE for your EAD application at the last minute, say 80th day. Many INS offices do not give iead once you got RFE for ur EAD application. You need to wait for another 30 days from the date ins received your supportive documents.

So better apply H1 renewal.
 
sami39,

you can certainly try to apply for an extension of your current H-1B. If you have not completed 6 years in H-1B (and H-4, if you held this status, too), then this is the best way.

If this is already your 6th year, then applying for an extension will probably buy you some time, because the extension petition will be eventually denied (as you have no legal basis to get another extension - both LC and I-140 are already approved). And then you can go ahead and switch to EAD.

Either way, you will be eligible to work with the extension petition receipt while the petition is still pending.
 
Different Work&Petetion Location

Thanks everyone.

I have one more question.

I am working in NJ but h1b approved in CA.

Do I need to file separate labour certificate in NJ state as well?

I filed in GC in CSC by providing NJ home address for EAD,AOS and FP.

Where should I go to get my EAD after 90 days? Will my case automatically get transfered to VSC?

Thanks in advance
Sami
 
You must log in or register to reply here.
Top