Question about EAD...

[CanMan]

I have two 485 applications pending (one marriage based filed in June, and one employment based file in Mar,2002), and one EAD renewal application pending (employment based, just received notification that it was transferred to the SF office). My EAD card expired August 7, and my H1b expires beginning of November.

Should I be worried about dropping out of status? Should I file a marriage based EAD document or something other? I know that November is a long time away, but at the rate that BCIS is processing cases.....

 

[ruxrux]

You should file for H1 renewal before November - I hope you kept H1 status because you'll be in trouble otherwise (EAD expired).

Since you're already waiting for an EB EAD renewal, no need to file one more. When it arrives, keep it in case of a layoff.

 

[tk_tk]

you can have only one

AOS application valid. At the time of adjudication, BCIS will ask you to take remove one!

 

[niladri30]

With AOS pending you will not be out of status, till an adjudication is made on the I-485. Even if you have neither valid H1 nor EAD, you cannot work, but will remain in status.

If you have used your EAD in the past, your H1 is invalid.

If you have never used your EAD, apply for H1 extension. You will remein in valid H1 status while your extension application is pending, and can continue to work.

If you have used your EAD earlier, your options are to wait for the renewal EAD, or apply for a fresh H1. You may not work on an expired EAD while EAD renewal is pending. Neither may you work while application for FRESH H1 is pending.