Legal Status after H1 expiry & before I-485 receipt #

[Nishaf Abdul Majeed]

My H1 is expiring on 08/27/2001. My employer is not extending it since I entered in I-485. Actually the I-485 packet was sent to INS on 07/24/2001. And I have no receipt #, date or any other info. But the application has been included for AP & EAD. My question is what will be the legal status after H1 expiry and before getting receipt # to stay & work here ? Appreciate your help.

 

[a701440]

you need EAD

If all documents were filed properly you package should not be
rejected. You will eventually get your receipt with the RD before your H1 expiration. That should keep you in status. However you will not be able to work without EAD. According to the current processing times the earliest date you can count on getting your EAD is 90 days from your RD. If I were you I would also file an H1 extension to avoid work authorization gap. If you file H1 extension you are automatically authorized to work for 240 days while the extension is pending.

Good luck.

 

[nov26]

No Title

I am also in your boat,let us hope best.My H1-b expiring on 30th sep 2001,with same mailing date.