I filed concurrently I-140 and I-485 for me and my wife. My RD is Dec 28 02, ND Jan 2nd, 2003. Both me and mi wife did FP on Nov 2003 and also got our EAD's, mine in July and hers in September of last year. For some reason I forgot my due date thinking my due date for renewal was in September (same as my wife’s). I rushed the application in for renewal of EAD and mailed it out on Monday the 14th. Our last entry to the country was under H visa, mine is H1 hers is H4. My H1 is good until October 05. Even though we both got EAD’s we haven't used them. We received AP last month but still have not used it. So, theoretically I am working as H1B. My question is: If I do not receive my second EAD on time, will I be out of status? Please I’d like to see your comments.
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I'd like your input please
- Thread starter chaman
- Start date
harvydonald
Registered Users (C)
chaman
You will not be out of status because your 485 is pending. The worse case secnario is that you may have to sit at home and not work while the EAD is being processed. However this may not happen to you. If your H1 is still valid (the approval) you may continue to work on it. If it is close to expiration maybe able to file for extension. Once you get a reciept for H1..you can continue to work. Hopefully you will get your Green Card this year...and won't have to go through this again next year.
You will not be out of status because your 485 is pending. The worse case secnario is that you may have to sit at home and not work while the EAD is being processed. However this may not happen to you. If your H1 is still valid (the approval) you may continue to work on it. If it is close to expiration maybe able to file for extension. Once you get a reciept for H1..you can continue to work. Hopefully you will get your Green Card this year...and won't have to go through this again next year.
EAD Renewal & H-1
Once you have filed for your AOS (I-485) you are never out of status--also you have your H-1 status since you have not used your EAD. As backup you have your EAD and when your current H-1 expires you will have the option of extending one year at a time if you still havent been approved for permanent residence OR use your second EAD which should have come by then (with a two year validity).
Once you have filed for your AOS (I-485) you are never out of status--also you have your H-1 status since you have not used your EAD. As backup you have your EAD and when your current H-1 expires you will have the option of extending one year at a time if you still havent been approved for permanent residence OR use your second EAD which should have come by then (with a two year validity).
austin_eda
Registered Users (C)
Chaman,
You are working on H1. Since your H1 is valid till Oct 05, you don't have to worry about EAD till Oct 05. After Oct 05 you will need EAD to continue WORKING (if you don't renew H1). You will not be out of status as 485 is pending.
You are working on H1. Since your H1 is valid till Oct 05, you don't have to worry about EAD till Oct 05. After Oct 05 you will need EAD to continue WORKING (if you don't renew H1). You will not be out of status as 485 is pending.