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i have a issue

Discussion in 'Any Topic' started by tristana, Dec 18, 2017.

  1. tristana

    tristana New Member

    I have applied for my I485 and I am awaiting my EAD. Meanwhile my present H1B visa is about to expire by the month end. Though my company has applied for an extension, I haven\'t got the receipts yet. Will I be out of status if I don\'t receive the receipts for H1B extension before my visa expires? Will I be legally allowed during that period of time?
    Any kind of suggestions would be of great help

  2. newacct

    newacct Well-Known Member

    You are out of status as long as your old status has ended and your new status hasn't been approved yet. Even if you got a receipt you would still be out of status. But it is normal to be out of status when doing an extension of status or change of status. You can stay in the US for as long as you have a timely-filed extension of status or change of status application (in addition to the fact that you can stay in the US as long as you have an adjustment of status application). You can work with a pending H1b extension of status for 240 days.

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