Married to USC on H1B

V

vroom

Registered Users (C)
Hi,

I am married to a USC and have apllied recently for my AOS on Jan 18th I am waiting for my rececipt notice. we filed the case at Philly, PA district office.

I recently applied for renewal of my H1B visa and it is extended till 05/03/2005. I came to US on Jan 6th 1999 and been out of US for a month. I am currently employeed.

If i calculate the number of years that i have been in us from Jan 1999 thru Feb 6th 2005 it comes to 6yrs but my I-94 shows up to be valid till 05/03/2005 having said that can i be employeed till 05/03/2005 as it is a valid I-94?

I need some clarity on how the 6 years of stay on H1B is defined and what is the current processing time to get an EAD based on marriage to USC in Philly disctrict office?

thanks
MLV
 
you can get an interim EAD after 90 days from the receipt date on notice of action for I-765 based on AOS.
 
thanks for your information.

can you tell me if there will be any issues of over stay for my AOS proceeding.
as my 6 years stay is coming to an end can I still be employeed or quit and wait for my EAD?
 
I guess you dont have to worry about overstaying, because the moment you file your AOS and have your NOA you are legally allowed to stay in US.

and from an employment perspective you are allowed to work until may 2005 if you take the H1B extension into consideration. I dont know how the 6yr window on H1B will affect your status.

However, you may want to consult an attorney and make sure you are legally allowed to work after 6 yrs window.
 
I have contacted my Attorney and i am good to go through May 2005 I have appliied for EAD in philly office

Mailed on Jan18th 2005
Notice reciept recieved on Feb10th 2005

what is the current processing time for Philly office?
 
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