Help! Question about EAD

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Bhavesh

Registered Users (C)
My EAD is about to expire on 17th April. My renewal application RD is 02/04/03 so it is highly unlikely that I will get approval by 17th April. ANd Since it won't be 90 days since my RD I can not even go for enterim EAD.

Now I'm worried who is correct my lawyer or the website?

Per http://www.immigration-law.com/ website:

Since the gap between the old and new cards creates a period of lack of employment authorization, any employment during this period can be considered an unauthorized employment. Such violation of immigration laws pending I-485 can make such alien ineligible for adjustment of status to a lawful permanent resident.

But per my lawyer:

It is possible that INS will not have completed its processing of your application by the time your current card expires on 4/16/03. However, because we submitted your renewal application before your current EAD expired, the receipt notice
shows that you are authorized to continue to work until the new card is issued.


Please help. What are my options?
 
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I don't think that receipt notice says you are authorize to work untill card issued since this is a renewal.

I think your lawyer is wrong. You just have to wait till 5/05 to be able to apply for iEAD.

GOOD LUCK
 
According to Immigration Officer

I was in your same situation three weeks back , but mine was approved , but waiting for cards... APrroved on 03/25 nd 11/22

I spoke TSC IMO and came to know I need EAD or IEAD to continue to WORK, at the same time I saw few messages in this board saying that "TSC IMO told them they can work with EAD reciept" . So you can speak to TSC or get a letter from your lawyer about what he is saying.

hope this helps.
 
we are also in the same boat !

Both my wife and I are also are waiting for our EAD renewals to be approved. Renewal application RD is 02/11/03 and our current EADs expire on April 18.

We are not expecting approvals before the 18th ....so, we were planning on trying for interim EAD on or before April 18 even though the 90 day period would not have passed by that time.
But, my lawyer says I can try going in early for interim EAD but, they will most probably turn us away as 90 days have not elapsed. Any ideas ????

My wife does have a valid H-1 from earlier days when she was working for the same employer on H1. I think it is valid until sometime next year. Can she simply switch back on to H-1 status when the EAD expires and switch back on to EADonce the renewal has been approved ? We spoke to two attorneys about this - one of them says she can simply switch to H-1 and the other says otherwise.

Not sure what options we have at this point. Any input will be greatly appreciated.
 
tombaan,

I don't know where you get your information from.

To change back to H-1B (assuming that the original H-1b was with the same employer), just change the basis of employement from EAD to H-1 on the I-9 (Employment Eligibility Form) at the HR department of your company.

From Immihelp.com:
"Some H-1B professionals use EAD(and terminate H1B) on purpose to save H-1B time..."

Answer from Jaxen on the same topic:
"First, U need to file a I-9 that changes your employment authorisation from EAD to H1. If the employer agrees, you can tear off the previous I9 and cna maintain h visa"
 
this is from immihelp

Some H-1B professionals use EAD(and terminate H1B) on purpose to save H-1B time so that if something happens with the current employer, they be able to pick up the remaining period of the 6-year H-1B limit through another H-1B approval with the new employer. But that H1 approval would be new H1B and not transfer of H1B and hence subject to annual H1B visa.

read carefully it says new h1b and not the old one
 
New h-1b ONLY if "something happens to your current employer".


Please tell all of us what and when did sheela murthy and the "various sources" say concerning the fact that one cannot switch back to H-1b.

On the contrary, Here's one from Sheela Murthy:

http://www.murthy.com/chat0407.html

"Chat User : Hi, is it possible to go back to H-1 status after someone uses his EAD?

Attorney Murthy : Yes, that is possible either by extending the H1B from within the U.S. (if H-1 expired) or after entry from abroad to reenter on H-1 status and not plan on working for any other employer/s on EAD."
 
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tombaan and TSC Hopeful --- thanks for the info.

>Attorney Murthy : Yes, that is possible either by extending the
>H1B from within the U.S. (if H-1 expired) or after entry from
>abroad to reenter on H-1 status and not plan on working for
>any other employer/s on EAD."

Does this mean that my wife needs to reenter the country using H-1 status ? She recently travelled using AP !!

I did get the same answer from one of the attorneys I talked to. She did say that it is possible to switch to the existing (unexpired) H-1 but, she will have to re-enter the country in that status.

Is this true ?
 
Does this mean that my wife needs to reenter the country using H-1 status ? She recently travelled using AP !!

I do not think so since she is already in the US.

I would ask you to post your question to Jaxen and Jim Mills in the EAD section to double check.
 
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