My H-1 expires soon, is EAD sufficient for legal status?

B

bkd52

Registered Users (C)
I know this has been answered before, and that EAD is infact sufficient to maintain legal work status even after H-1 expires ( My first 3 yrs. are up), but has anyone heard of any problems if all you have is EAD. Are there any risks involved or do you guys think EAD is safe especially since there are such long delays in approving EAD at TSC?

pls. give me your feedback gurus....Thanks
 
If you are an AOS applicant

EAD is only a work permit. By itself, it does not grant you legal status. You need to have a visa or an applicant to change status (I-485) to have legal status in the US. If you receive a receipt for I-485, applying and using EAD alone is perfectly fine.
 
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By filing for AOS itself, u are in legal lawful status even without EAD. EAD is needed to work when in AOS mode. Its perfectly safe and almost like an Green Card. U can work for any employer and any job.

U need advanced Parole if u want to go to ur country and comeback.
 
So since I have filed for AOS, I am OK?

Sorry I wasn't clear enough.

I have filed for I-485 (AOS) with ND 9/6/01.
My EAD expires on 11/14/02 (Tomorrow!)
My H-1 expires on 11/22/02

So, If I do not renew my H-1 and let it expire, I can still be in legal status as long as I do not work, correct?
And when my EAD does come through, I can resume work?

Thanks for your input guys....

P.S. Switching from H-1 to EAD or vice versa is not a problem with my company...
 
DALLAS is a problem..

I am just worried that if I am on EAD only without H-1 , then since TSC is slow in processing EAD's, what if EAD expires and Dallas does not issue EAD. I have heard on one of the other threads, that they have stopped issuing Interim EAD's.

Are any of you guys actually on EAD without H-1 visa???
 
If ur EAD was filed before 90 days then the INS Local center (Dallas) is obligated to issue interim EAD.

Allway file ur EAD 4 months before the expiry.

Even without EAD u are in status but wont able to work. Thats it.

But u still have time to file for H1 extension as it expires on 11/22/02. To be able to work if u cant get EAD just file H1 extension.
 
BKD52

If you notice,

You have been asking the same question and receiving the same answer. We are not immigration experts, but I think our answers are at least consistent.


I am on EAD alone.

To summarise again for you:

You are in legal status if you are awaiting I-485 approval. Having EAD or H-1b or not is not relevant. If your I-485 is approved while without a job and you are being interviewed, you may need to explain why.
 
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