In status after 485 filed, if H1-B expired, EAD not recd. gurus please advise

N

nato

Registered Users (C)
gurus,

can someone adivse on this. Inputs appreciated..

my 485 is filed, if H1-B expired, EAD not recd. how do I account for the gap, is the gap ok.

Also can I use the EAD recd to work for my current employer rather than the furture one and then say join the future one after 1-2 months.

Anything wrong with above

please advise
 
..

You are in AOS for the duration your I-485 is pending. If H1B expires and no EAD, you can't work but you can stay in USA in AOS, your stay will not be out of status. With EAD you can work for any one, have multiple jobs etc. but EAD and AOS becomes immediatetly invalid if I-485 is denied for some reason.
 
Thanks Pras01..

That was very helpful.

Yes that risk of 485 denial, I am taking bcos I have anyways only 2.5 months left in my H1-B 6th year and if I take a 7th year extension based on pending 485 that also becomes invalid if 485 is denied, so really not a big difference even if I have that 7th year extension still I am out of status as per yates memo as the underlying petition on the basis on which extension was taken no longer exists.. :)



So can I continue in the same current job after a few days /weeks gap between H1-B and EAD??

pras01 said:
You are in AOS for the duration your I-485 is pending. If H1B expires and no EAD, you can't work but you can stay in USA in AOS, your stay will not be out of status. With EAD you can work for any one, have multiple jobs etc. but EAD and AOS becomes immediatetly invalid if I-485 is denied for some reason.
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Last edited by a moderator:
nato said:
That was very helpful.

Yes that risk of 485 denial, I am taking bcos I have anyways only 2.5 months left in my H1-B 6th year and if I take a 7th year extension based on pending 485 that also becomes invalid if 485 is denied, so really not a big difference even if I have that 7th year extension still I am out of status as per yates memo as the underlying petition on the basis on which extension was taken no longer exists.. :)



So can I continue in the same current job after a few days /weeks gap between H1-B and EAD??
Click to expand...

No. You cannot work if you do not have a valid H1 or a valid EAD. If you file for extension of H1 for 7th year prior to expiration of 6th year period and you have a receipt notice, it might be ok if you subsequently receive the extension approval.
 
nato said:
That was very helpful.

Yes that risk of 485 denial, I am taking bcos I have anyways only 2.5 months left in my H1-B 6th year and if I take a 7th year extension based on pending 485 that also becomes invalid if 485 is denied,

So can I continue in the same current job after a few days /weeks gap between H1-B and EAD??
Click to expand...

I believe the 7th year (1 year) extension still stands valid even if your 485 is rejected. The 7th year (1 year) extension is given based on the Labor been filed (pending/approved) 365 days before the completion of 6 years.
If you get the 7th year extension for 3 years (which is based on the approved I-140) that H1 would automatically be invalid if the 485 is denied/rejected.

neocor
 
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