Interim EAD? Please advice.

N

nimatramatra01

Registered Users (C)
Hi,

I need some help and info.

I travelled to India in Dec'02 on advance parole and my present status is AOS. Even though the H1-B on my passport has expired, my H1-B approval notice is valid till Sept'03.
I had applied for EAD renewal last year and hasn't been approved yet. (ND 25th Nov'02).
My EAD expires on 29th March'03 (this weekend).
I have been working at the same company since start of my GC process. Do i have to have interim EAD in hand to continue working after the expiry of EAD or can continue without an Interim EAD since I already have applied for renewal and am with the same company???

Can anyone please help me? If possible, please attach the link or text where the applicable law is stated.

Thanks
nimatramatra
 
1. Why did you came on AP when you had valid H1 ?

2. Are you working on EAD or H1 with your current employer ?
If you are working on H1 then you don't require iEAD legally but It is better to have.
If you are working on EAD then in that case also you can continue working with same employer but since you have already passed 90 Days so you can have iEAD from local service center.

3. I am not sure if using AP will invalidate your H1.

In either case you have option to have iEAD before this weekend and be safe.
 
Hi Vipsha,

Originally posted by vipsha
1. Why did you came on AP when you had valid H1 ?

H1 stamp on my passport expired. Used my AP to reenter US.

2. Are you working on EAD or H1 with your current employer ?
If you are working on H1 then you don't require iEAD legally but It is better to have.
If you are working on EAD then in that case also you can continue working with same employer but since you have already passed 90 Days so you can have iEAD from local service center.

To tell you the truth, I am not sure if I am on EAD. But since, I reentered using AP and my I-94 is stamped as AOS, I think I am on EAD.

3. I am not sure if using AP will invalidate your H1.

I think you are right. It does not invalidate H1 but to be on H1 status, my passport has to be restamped.

In either case you have option to have iEAD before this weekend and be safe.
Click to expand...

Thankyou for the quick reply.

-nimatramatra
 
When you came you came on AP since your H1 stamp was expired but did you had valid H1 all the time or there was gap ?
If no gap then it should be fine. Otherwise it is little bit complicated.

Having EAD does not mean that you are working on EAD. To start working on EAD you have to fill I-9 form with your employer and I am sure you did not filed that. You are working as it was started from day one. So I guess you are working on H1 with your employer (assuming there was no gap in valid H1s)

Consult your HR folks and get iEAD ASAP.
 
My H1 has been valid at all times.
And you guessed it right, I did not fill out any I-9 form with my employer. :)
To avoid any complications, I am going to the INS office this wednesday.

thankyou
 
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My H1 has been valid at all times.
And you guessed it right, I did not fill out any I-9 form with my employer. :)
To avoid any complications, I am going to the INS office this wednesday.


do you know the address for SFO INS office where I can obtain IEAD?
and any other details if you are aware of like parking, time, bart are also welcome.

thankyou
 
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