In desparate need of help - Please Help

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Oct1RD01

Registered Users (C)
I am an Oct 2001 filer, working on pending H1-extension. H1-Ext got RFE a month ago and my attorny had been delaying it and never informed me of 240 days rule on working under pending h1-ext.
Once I mentioned him about this rule, since then he started working on my case and I am collecting all documents needed from my company and will respond we will respond to RFE early next week.

At that time I will be left with only 30 or so days before hitting 240 days limit. I never applied for EAD since I did not know about the rule and had been hoping for my GC approval as well.

The questions are:
1. God forbid, if my H1-extension does not get approved by end of september and my GC case is still pending at that time, what is best course of action for me?
2. In case, if I have to stop working at that point and get an RFE on my GC case, how can this gap affect my GC case?

It will really be very unfortunate to get an RFE at this late stage for an Oct case. According to senators office, my security check (reason for delay) is completed and case is with an officer and should hear something between 30-60 days (this was said almost 3 weeks ago).

Any help will be highly appreciated.

Thanks.
 
Oct1RD01

You don't need to have the H1 extension approval to continue your job. You just need to apply and have the receipt which is a legal status. Don't worry about this.......
 
I'm not sure if 'sanrishi''s post is valid. As GC_ka_jhanjhat said, apply for EAD asap.

Your best bet would be to reply to the H1 RFE.

Sanrishi,

What do you mean by "don't need to have the H1 extension approval to continue your job"? Do you have facts to substantiate this?
 
Even if your GC approved today and you never response to your H1B RFE you basically worked illegally for the last few months which will hurt your Citizenship application a lot.

Worst case scenario: I am not sure but my take is if your H1 doesn't approve within 240 days then you must stop working. In case if after 240 days they approve your H1, probably they will not give I-94 with that. In that case, though you are legal to stay here (because of your I-485) you are not legal to work here (As you don't have any EAD, and your H1 didn't come with I94).

Best case scenario: Apply for EAD and H1 premium processing today. At the same time reply to your previous H1 RFE. Hopefully, you will get your premium H1 in two weeks and you will be fine.

It is very hard to believe that you never heard about EAD system during the time of GC process. :rolleyes:

I never applied for EAD since I did not know about the rule and had been hoping for my GC approval as well.
Click to expand...
 
Oct1RD01,

Do consider about going on vacation till either your H1 or EAD is approved.

Arn,

Oct1RD01 didnt say that he hasnt heard about EAD but about the 240 day rule. Please read carefully before posting.
 
Arn

If the H1-Extension does not come with I-94, does it mean the person can't work? Please give more details on this.

I knew about EAD, I did not know about H1-extension 240 days rule and since my H1-extension was going to be until Feb 2004, and job was secure, I thought I still had a time.

Thanks.
 
mogli,

If I need to go on unpaid vacation, how will it hurt me if I they generate an RFE on my GC case?

Thanks a lot.
 
Originally posted by mogli
I'm not sure if 'sanrishi''s post is valid. As GC_ka_jhanjhat said, apply for EAD asap.

Your best bet would be to reply to the H1 RFE.

Sanrishi,

What do you mean by "don't need to have the H1 extension approval to continue your job"? Do you have facts to substantiate this?
Click to expand...

Let me tell my own experience. I applied for H1 extension last October and my H1 was expied on last December. I got the approval on Feb 2003. My status was legal with H1 extension receipt after my h1 was expired on last December.

I don't undestand the 240 days rule, what is that??
 
I believe if you get recipt notice before your h1 expires then you don't have to worry about any thing
 
Oct1RD01,

If you have any paid vacation or sick leave left, make use of them first. If your H1 or GC is not through by then, you can think about unpaid leave. Dont leave the country until either one is approved. That way you will be able to respond to GC RFE.

Did you think about approaching your senator since your case has been pending for a loooooong time? Search this forum.

Keep your hopes up. :)
 
If you don't get any thing before your h1 expires. Even that is fine. You don't get paid until you get one.
 
There is a I-9 form that needs to be filled and posted in case of any status change. I had to do that too when my H1 expired and had to use EAD instead. I had my EAD though. The company will not pay if this paperwork is not done......
 
mogli,

I do have almost two weeks of paid vacation and as much sick leave. But if I go on vacation, that means company will pay me for that one month for which I will be on vacation. So, once I have a paystub and a direct deposit in my account for the period I was not supposed to work, how could it hurt?

Who, for example will be offended and what point if I keep working even if my 240 days are over and I still keep working?

And yes, I contacted my senator in the first week of this month for the second time and they told me that my security check was complete and it would take between 30-60 days for some decision.

Manumahi / sanrishi,
There is a rule that you can't work work for more than 240 days on a pending h1-extension (I found out about this a couple of days ago). So, it does not depend on receipt.

Thanks a lot.
 
sai-2367,

Is it considered as status change? I don't have an EAD and won't be working. But will still be legal here on the basis of pending GC.

Please elaborate.

Thanks.
 
apply for EAD asap

I applied for renewal (third one), RD was 18 July, approved on 12 August. You are going to apply for the first time which is different from mine but there still may be a chance. Oh, and do not, I repeat do not file electronically -- from what I heard you'll be called for fingerprints and stuff. However the choice is yours.

Come on, you've been in this game for long time. You should now by now that any option you have you've go to try it, so go ahead with the H1-B extension but work on the EAD as well. The problem is what to do when there are no options ... :confused:

Aug 01 applicant (and that is early august, mind you)
 
Last edited by a moderator:
Solution is simple :
1) Apply for EAD (manually, by yourself) immediately.
2) continue working till the 240 days limit is reached (1 more month from now)
3) Once you hit the 240 days, stop working. Just sit tight at home.
Enjoy the forced vacation. Daily visit this forum. You will have a lot of fun and timepass :p
4) One fine day (most likey within 2 months of your forced bench period), you will get your H1 (or) EAD.
5) start working again.
6) Wish you good luck :)
 
Thanks a lot dsatish.

Some one said that if H1 extension does not come with I94, i still won't be able to work. Is it authentic?

And for EAD:
1. I-765
2. 2 photos
3. $120 Fee
4. Copy of I485 receipt notice
Anything else needed for filing EAD?

Thanks.
 
You still have valid status

I think Manumahi is correct, as long as your case is pending with INS you are considred in that status particularly in case of H-1 extensions. It does not matter even if your previous h-1 has expired. As per rule the your case should be filed with INS before your status expires.

Best thing is to check with your lawyer.




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Approved 1 August 2003
PP Stamped 13th August 2003
 
Originally posted by Oct1RD01
Thanks a lot dsatish.

Some one said that if H1 extension does not come with I94, i still won't be able to work. Is it authentic?

And for EAD:
1. I-765
2. 2 photos
3. $120 Fee
4. Copy of I485 receipt notice
Anything else needed for filing EAD?

Thanks.
Click to expand...
I don't think you should worry about I94. If your H1B extension is approved, that's enough. First of all i doubt the 240 day rule. Now a days, it is taking anything upto 10 months for H1 approval in California.
Coming to documents for EAD, just follow the instructions in the I765 application. You better submit a photo identification proof also(drivers license or passport). Also it does not hurt if you submit latest paystub.
 
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