Need urgent clarification

B

bvenkata

Registered Users (C)
Hello,
My I-485, EAD, and AP are applied together at California service center. My H1-B is expiring on 02-15-02, and my employer thinks that my H1-B renewal is not necessory, as I am suposed to get my EAD with in 90 days, or I can walk in to the INS office to get a temporory EAD. He want to save money by not renewing my H1-B.

Since it will be a close case of 92 days my H1-B is expiring, I thought of asking my employer to pay money from my pocket to renew my H1-B. Please guide me suitably, what is best suited to me to avoid hassles in future due to delays of processing of my EAD, I-485 at INS. I am also a new to this forum, and confused lot.

Thanks,
Bala
 
Before u rely on EAD..please be sure if there are walkin EAD's issued in ur area local INS office.(Since nov 22 people say INS has stopped issuing EAD in local INS even after 90 days)

I am not scaring u ..but saying as an experience,,,though my wife's EAD is approved in 90 days(exact)..and INS say they mailed it and it never reached us and according to INS we have no other choice but apply again....so take all this into account..

Bottomline be sure and safe thru all the possibilities
 
Bvenkata,
I am in the same boat as you. I applied for 485 last year and for some reason my employer kept postponed my EAD and AP till late this year. They filed my EAD in Oct 2002 and my AP in Nov 2002 at CSC. My H1 expires first week of March.

I am currently living in Atlanta. So, I am going to go to the local INS office for I-EAD after 90 days ie in 3rd week of Jan. (Crossing fingers as till date they are issuing I-EADs in Atlanta office). If that doesnt work, I will ask my employer to apply for H1 extension and my employer agreed for that.

So, you can wait and try for your IEAD if you have time to apply for your H1 extension after knowing that IEAD wont be issued or anything like that. Else, go ahead and apply for H1 extension earlier and give a try for IEAD when time comes.

Hope this helps.
 
Clarification on I-EAD, AP, and I-485

Thanks for giving guidance. Today I called local INS offce about the same topic, and I was clarified that after 90 Days I can walk into INS office to get my I-EAD, which is valid for 3 months.

In general EAD should be available with in 90 days.

INS agent says that I am not eligible for H1-B renewal, in-case my I-485 is filed.

Any members with similar type of earlier experience can clarify about this situation please. In case I have the option of H1-B renewal it is the coolest thing, and I have the cushion of another three years.

Thanks,
Bala
 
INS agents are not knowledgeble enough to answer questions. thats why they r called IIO (igonarant immigration officers ) .You can very well extend your H1 even though you have 485 pending.
 
Ginnu,

Thanks for the links. I have a question regarding re-entry. My L-1 petition is approved until 2004 and I-94 shows same date of 2004. My L-1 visa was only for one year (they tell me this is normal) and has expired. I'm curremtly on AOS. If i travel overseas and show my AP to board the airline/clear immigration in home country, however show the valid L-1 approval notice (visa has expired) at POE , is that ok to gain entry on L-1 status? Is it neccessary to have a valid visa stamp on passport for reentry ?

The reason i ask is that one link uses the word "VISA", the other uses the word "status" which i find confusing. I interpret the word "VISA" as stamp on passport and "status" as the approval notice. Is my interpretation correct ?

Regards

:confused:
 
Your intrepretation is correct. You can even get stamped at POE as parolee and then still be on L status. Only H and L visa holders enjoy this provision.
You can also show AP to the airlines, but submit L approval to gain entry into US.
Only thing you have to make sure is that you enjoy admissability provisions under portability law (AC21 June 2001 memo) similar e to H visa... I am not sure about this. that is you might need a L visa stamp in passport...
 
Guys

Any one there who knows if there are walkin EAD's issued in Atlanta, GA local INS office.

Since nov 22 people say INS has stopped issuing EAD in local INS even after 90 days. Is that true for Atlanta?
 
Walk in Interim EADs

Hello Guys,
Thanks for your guidance, I like to get a reply from any person recently obtained walk in EAD. It will be definitely a glad news to hear, since any call to INS office is resulting in negative answer about cut off date of Nov 22.

Since INS rules or procedures change dynamically, your guidance will bring great clarity on this matter. Probably Attri can give his walk in experience in the third week of Jan.

Thanks,
Bala
 
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