Interm EAD question,I94 expired last week, somebody answer please

S

SRM

Registered Users (C)
I and my wife have applied for I485 in Nov 18th 2002. We did not get the Employee Authorisation Document yet.
Myself got H1b extension until 2005 with I94.

On 23rd of Jan 2003, we applied for I94 extension for my wife (Delay is because company sent it to VSC for faster processing and VSC After one month sent it back again to company asking us to send it to TSC). Finally we applied for extension on Jan23rd 03.

Her I94 expired on 28th Jan 2003. We applied just in time for her extension.

Now my question is as follows,

On 20th of this month(Feb), 90 days will be over after i filed my 485.
If I do not get my EAD approved by that date, We(I and my wife) are planning get the interm EAD from the local INS Office.

Tecnically Is my wife is in status(Because we filed I485)?. Do the local INS people find that she is out of status and reject the Interm EAD. Arrest us for being out of status. Though I am from India and being a hindu, I am kind of very nervous. My wife has a job offer in hand.

Can i take the risk of attending the local office?. Is my concern is genuene?. I hope somebody address my concerns.
 
Nothing to worry..

As your (wife) I-485 is pending your ( wife) stay is legal. So you don'y need to worry whether local INS believes H1 ext filing. And EAD is I-485 benefit. Nothing to do with H1.
 
I talked to my paralegal and about my concern and got these answers.

1)Because we already filed for I485 and we are in status at the time of filing , We need not worry about going to get IEAD.

2)Because we already filed for H4 extension, before it got expired,
We should be fine.
 
Hi,
my ead valid till may 03. I send ead renewal last week. my H1b expires 20th Feb. Is it advisable to apply for H1b extension. does H1b extension cause any issue to 485 processing ?

please help

Thanks in advance.
 
Processing time varies from service center to service center. You make the decision about whether having the safe net of a H1B pending is worth it. If EAD does not come in time, then you will have to be off payroll and maybe lose seniority. Weigh this against the cost doing another H1 and the feeling certain that you are always covered....
 
Question for Jaxen

Jaxen,

My I-485 is pending was filed with CSC in Dec 2001 , I then changed employers and my attorney sent change of employment details to CSC in October 2002 ..

Now my EAD extension application was mailed to TSC on Feb 3rd ( my new employer is in Kentucky ) , my EAD will expire in April ( less than 90 days from the RD for EAD extension) .

Can I go to the local INS office now and get an EAD extension and later with my EAD extension application from TSC ? Or is it safer to get into H1 to avoid payroll break ?

Please advise ..

Pugal:confused:
 
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