Out of status??

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iio

Registered Users (C)
I was on first H1 till yesterday . Applied for extension on MARCH 7 2000. Still waiting for the approval . Also my I-485 is still pending (ND 23 March 2000). My wife is working on EAD so didn\'t apply for H4 extension . I hope she is considered in-status. Comments appreciated.

 Thanks
 
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I think you don\'t need a H1 if you have a valid EAD. I believe you can stay in US if you have applied for H1 Renewal before current H1 expires.

These are just my views.

Thanks
 
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If you\'ve got your EAD, you don\'t need an H1. If you don\'t have an EAD, then you\'re an idiot for not getting it.

Also, if you don\'t hvae an EAD, and have filed for an H1 extension, you cannot work till you get the extension. However, you can remain in the country till the new H1 gets approved.
 
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Where is question comes outof status when you have already filed your 485.
If you have EAD start working on that, If you do not have one, go INS Office and take one.
Your wife is not out of status and you donot need to apply for any H4

kIRAN
 
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Hi,
I\'m in the similar situation. My H1B expired last week and my 485 is pending. But my lawyer (company-sponsored) applied for an extention just a few day before it expired. The attorney\'s office said that I\'m ok since the extension was filed BEFORE it expired. This is different from what HVN suggested.

Since your H1 has already expired, you should apply EAD right now to keep your status legal. I would try not to take any chance.
 
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This message is for HVN

I think your knowlege is very limited . It is always better to have a H1 as then you dont need an advance parole. I have an EAD and H1 though i am not using an EAD. and For your Kind information if you dont have an EAD and filed for a HI extension you can continue working , you just need the reciept. You have 240 days from filing the extension to work and remain in status. If you dont have Knowledge stay away from answering any questions.

 My question was just to confirm the status of my wife.
 
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Dude! Don\'t take it personally. While having an H1 is useful when you return to the US, do realize that having an EAD and AP are a superior combination when you want to do pretty much ANYTHING else. On your H1, you\'re stuck with your current employ and can\'t do anything else. With an EAD, you can work on the side, and also change jobs and get your GC application moved over without losing any time.

From that perspective, the EAD/AP combination is far more potent than an H1.
 
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SHE IS IN STATUS. I am sure she has a receipt notice to that effect and you may show it as a proof if you have any RFE (if any) on this issue. However, she cannot be paid until she has the EAD approval and you don\'t have to have it in your hand... just the approval is fine. The fact the you should have the card in hand totally depends on the employer.. some employer enforce showing EAD for further work authorization and some don\'t..

Also, I hope people on this forum stay away from personal attacks and just focus on issues.. when it comes to INS, nobody is smarter or nobody is dumber...

\'Hope this helps.
Bhanu
 
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Don\'t get too irritated! At least HVN offered his suggestion, rather than simply ignored your post. And I think he has got a valid point. With EAD you don\'t need to worry about the expiring date, although I\'m not sure if you can work for another employer with the same EAD.

However, if your 485 got denied somehow, you\'d definitely better with H1. Then you still have a valid status, H1B.
 
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AD question..
Please, can someone help in my situation.. I got my EAD with company X for which I never worked, and currently I am working for a company Y on H1. My question is because I got the EAD and advance payroll with company X, should I start working for company X or can I work for company Y until I get the green card stamping done, and start working for company X. Due to convenience, I am working for company Y and I am not sure once I join company X, can they sustain until and after the green card process is over. Or, after 180days over, can I transfer the process from X to Y.
 
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