Help needed - H1 is going to expire in April 6th, 2003

[hategc]

All


My H1 is expiring (6 years) in April 6th 2003. I didn't applied for H1 extention(for 7th year). So far I didn't revalidate my visa after getting(second 3 year) my H1 extension in may 2000. The visa and i94 in my passport is up to april 2000. But h1 extension copy says my i94 is upto April 6th 2003.

But I applied my 485 in december 2001. I just applied my EAD in jan 2nd 2003 and received my Notice date as jan 3rd 2003.

Working in Texas for the last 1 year but applied (485 & EAD) in CSC.

Here is my question


1. What will be my status , if my EAD is not approved before April 6h 2003. Am I out of status to Work. Will my employer allow me to continue my work or not.

2. If I goto INS office on 4th April 2003(90 days after EAD notice date) will they give me EAD or iEAD.


Thanks in advance for your advice.

 

[plymouth]

ead and h1

why dont you goahead and apply for H1 ext? you can always work for the company if your H1 is in processing and if you dont have any doubts on your EAD filed papers, then a shithole from INS will approve your EAD. Also you can very well get iEAD in the local office after 90 days!

 

[junior_member]

Go ahead with H1 Extension

If your EAD is not approved (and if H1B is expired), you cannot work. I think everyone knows that if your GC is applied (Labor/I-140/I-485) 1 year before your H1B expiration, you can extend your H1B for 1 year everytime until you get your GC.

If I were you I would go for premium H1B processing and wait for EAD and then I-485 approval (hopefully no need to Extend EAD multiple times).

I hope this helps.

Junior_Member

 

[NV2001]

Your iEAD is virtually guaranteed after 90 days from the RD of originial EAD application subject to the following caveats:

(1) INS doesnt issue an RFE for your pending EAD application. If CSC issues an RFE then loacl INS will not issue iEAD.

(2) INS doesnt change rules of the game arbitrarily and stop processing iEADs like they did a few weeks ago.

So if you have already filed for EAD then there is really no need for H1B extension, premium processing costs $1000 (INS fee alone).