Help on the use of EAD if H1B extension application fails ...

[soldier21st]

Backgroud:
EB3. Priority Date: Mar 2003.
I140 and I485 filed concurrently last June (June 2005)
H1B expires on Sept 30, 2006.
Company filed H1B extension for another 3 years on July 14, 2006 (notice date).
To speed up the process, company is working on filing an EB2 with a different (higher) position for me.

Problem:
I just noticed that there is an error on the form 129 which I am concerned that it will fail the H1B extension application. Specifically the answer for Part 4-7 "Have you ever filed an immigration petition for any person in this petition?" was erroneously checked to be "No". Given the fact that I have not received the approval notice for the H1B notice by now, I am afraid that it is possible that the H1B extension application will be denied.

Questions:
I will get the (new) company lawyer to apply for the EAD card for me (485 filed > 180 days) ASAP and I have the following questions:

1) If the H1B extension application is denied prior to Sept 30, 2006 (due to the above mentioned silly error), can I continue working with the EAD notice as an authorization? Will I be out of status (and so must leave the country within 10 days) after Oct 1?

2) If the H1B extension application is denied some days after Sept 30, 2006 (for example, Oct 15) and if the EAD application has not been approved by then, can I continue working with the EAD application receipt or the receipt for another (new) H1B application as an authorization?

3) If the H1B extension application is denied some days after Sept 30, 2006 (for example, Oct 15) and the the EAD application is approved prior to that date (Oct 15), I may choose to start using EAD as the work authorization. If that is the case, will there is any problem with the application of the on-going new EB2 application?

Many Thx,
Ed

 

[HARRY007]

As per understanding, you can continue working with the receipt of H1B extention. In the mean time, you can apply EAD. I worst case if something bad happens in H1B, you have still have EAD to cover you.

Just my 2 cents

 

[rir_or]

Just call customer service and tell them to amend the application.

 

[soldier21st]

Thanks for all the good advices from you guys.
The lawyer is working on a letter to CIS to correct the error and explain in writing and providing the "explanation paper" for the "Yes" answer, as required by the filling instruction of 129. He will send it by certified mail with return receipt.

I have another quesiton. If somehow H1B is turned down, and I only have EAD application receipt at hand, can I work with the EAD receipt as an authorization? If not, is my staying in the US considered to be legal while waiting for the EAD application result (and the new H1B application result)? I know I can legally work with the H1B extension receipt but I know nothing about the EAD receipt.

Thx.

 

[rir_or]

No, you cannot work with EAD receipt.