Sorry for the lengthy post. I appreciate any comments/suggestions. Here is my situation. My I-485 was filed in July and I got my receipt this month. My current H1B will expire in end of Sept. My 3-yr H1B extension (1st extension after 3-yr H1B) was filed in end of May but hasn't gotten approval yet.
Q1: What if I don't get approval on the extension before Sept. 30th, can I continue to work for my current employer (who is also my sponsor for GC and my current H1B petition)?
According to an article from USCIS, looks like I am at least allowed to stay in the country during a pending case.
"If we receive your application before your nonimmigrant status
expires (or, in exceptional cases, we excuse filing after your status
expires due to circumstances beyond your control), and if you have
not violated the terms of your status and you meet the basic
eligibility requirements, then you may remain in the U.S. until we
make a decision on your application. But remember, you cannot start
the activities allowed by the status you are applying for until we
approve your application and change your status. Further, once your
original nonimmigrant status expires, even though you will generally
be allowed to remain in the U.S. while your extension of stay application
is pending. You will not be deemed to be in any nonimmigrant
status until such time as we may approve your change of status."
Can someone verify that? This article says you are not allow to work before your change of status petition got approved, but I don't know if this applies to extension (not change of status) as well.
Q2: Also, since I got my I-485 receipt (but no EAD), does that make any difference in this case (allow to stay, allow to work)?
Q3: According to the attorney, I will be okay to continue to work since my case is pending. HR also mentioned they could figure something out if I really have to stop working for few weeks before the approval notice arrives. Should I show this article to them and push them pursue some ways to expedite the process or not?
Any comments are greatly appreciated!
The article is here: http://www.uscis.gov/files/article/c2_english.pdf
Q1: What if I don't get approval on the extension before Sept. 30th, can I continue to work for my current employer (who is also my sponsor for GC and my current H1B petition)?
According to an article from USCIS, looks like I am at least allowed to stay in the country during a pending case.
"If we receive your application before your nonimmigrant status
expires (or, in exceptional cases, we excuse filing after your status
expires due to circumstances beyond your control), and if you have
not violated the terms of your status and you meet the basic
eligibility requirements, then you may remain in the U.S. until we
make a decision on your application. But remember, you cannot start
the activities allowed by the status you are applying for until we
approve your application and change your status. Further, once your
original nonimmigrant status expires, even though you will generally
be allowed to remain in the U.S. while your extension of stay application
is pending. You will not be deemed to be in any nonimmigrant
status until such time as we may approve your change of status."
Can someone verify that? This article says you are not allow to work before your change of status petition got approved, but I don't know if this applies to extension (not change of status) as well.
Q2: Also, since I got my I-485 receipt (but no EAD), does that make any difference in this case (allow to stay, allow to work)?
Q3: According to the attorney, I will be okay to continue to work since my case is pending. HR also mentioned they could figure something out if I really have to stop working for few weeks before the approval notice arrives. Should I show this article to them and push them pursue some ways to expedite the process or not?
Any comments are greatly appreciated!
The article is here: http://www.uscis.gov/files/article/c2_english.pdf
Yes, I do have the receipt. Can I ask if you know this based off some regulations from USCIS or your own experience? I wanted to find some hard evidence from USCIS website but faile to do so. Thanks.