Is EAD and pending I-140/485 enough to continue at the VA ?

[AZstar]

I came across a FAQ I downloaded from VA Intranet some time ago about J1/H1b and (rudimentary only) about NIW.

You can find it by searching at the top VA domain for non-citizen employment. It is the ToolBox for those issues.

Reading it, I got a nagging feeling that despite my EAD will be 99% likely issued 6 weeks before expiration of my second H1B term, due to the fact that my I-140 and mainly I-485 will take time into 2010 to be approved, there is no way VA can continue my employment. It is related to the fact, that they can employ only permanent citizen or H1B but not somebody who's H1B is expired and is in adjustment of status situation.

Do you have an opinion or better personal experience of being employed by VA on EAD, or "EAD/approved I-140/I-485 pending" papers ?

Shall I consider 7th year H1B extension ? Is it possible at all in our category ?

There might be one way around if I read correctly, that I would be not employed but on "contract".

 

[mmed]

I came across a FAQ I downloaded from VA Intranet some time ago about J1/H1b and (rudimentary only) about NIW.

You can find it by searching at the top VA domain for non-citizen employment. It is the ToolBox for those issues.

Reading it, I got a nagging feeling that despite my EAD will be 99% likely issued 6 weeks before expiration of my second H1B term, due to the fact that my I-140 and mainly I-485 will take time into 2010 to be approved, there is no way VA can continue my employment. It is related to the fact, that they can employ only permanent citizen or H1B but not somebody who's H1B is expired and is in adjustment of status situation.

Do you have an opinion or better personal experience of being employed by VA on EAD, or "EAD/approved I-140/I-485 pending" papers ?

Shall I consider 7th year H1B extension ? Is it possible at all in our category ?

There might be one way around if I read correctly, that I would be not employed but on "contract".

EAD is a class A document for employment whatever the category (pending I485, J2, ......etc). Employers, including VA, can not pick which document from list A and it is against federal law to do that. If you have the EAD in hand just update your I9 with the human resources without much questions or explaning your EAD category unless there is a statement printed on the card stating "can not work in VA"

 

[AZstar]

Thank you for your correct answer. There were no problems extending the contract 1 year (duration of the EAD) and I even already got I-140 approved (after 3 months since filing) - before end of my 6th H1B year.