Question about Status when I485 Pending, and H1 expring.

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ums

Registered Users (C)
Hi,

I have a question about what was my status when I have a receipt date for I485 few months before my H1 exprired.

- I485 Recepit date 08/28/2004, Applied when on H1B which was to expire on 11/14/2004.

Question is from 8/28/2004, am i considered on H1?

What about after 11/14/2004 when H1 expired and I did not receive a new H1 renewal till 11/24/2004?

Between 11/14/2004 and 11/24/2004 am i considered out of status?
 
Hi,

I have a question about what was my status when I have a receipt date for I485 few months before my H1 exprired.

- I485 Recepit date 08/28/2004, Applied when on H1B which was to expire on 11/14/2004.

Question is from 8/28/2004, am i considered on H1?

What about after 11/14/2004 when H1 expired and I did not receive a new H1 renewal till 11/24/2004?

Between 11/14/2004 and 11/24/2004 am i considered out of status?
Click to expand...

No, you are NOT out of status. You are in AOS (Adjustment of Status).
 
ums said:
Hi,

I have a question about what was my status when I have a receipt date for I485 few months before my H1 exprired.

- I485 Recepit date 08/28/2004, Applied when on H1B which was to expire on 11/14/2004.

Question is from 8/28/2004, am i considered on H1?
---YES, if you did not use EAD
What about after 11/14/2004 when H1 expired and I did not receive a new H1 renewal till 11/24/2004?
------ you are adjustment of status pending (AOS)
Between 11/14/2004 and 11/24/2004 am i considered out of status?
------ NO, you are AOS pending
Click to expand...
 
Ginnu,


Question is from 8/28/2004, am i considered on H1?
---YES, if you did not use EAD
If I used EAD which came thru from 9/30/2004, then am I considered AOS all the way thur the end of EAD and till GC approval?

What is the status of there is a gap between current EAD expires before GC gets approved? I guess only thing is after EAD exprires, i will not be able to work but will be on AOS status right?

What is the use of the new H1B which got renewed on 11/24/2004?
 
ums said:
Ginnu,


Question is from 8/28/2004, am i considered on H1?
---YES, if you did not use EAD
If I used EAD which came thru from 9/30/2004, then am I considered AOS all the way thur the end of EAD and till GC approval?
-yes
What is the status of there is a gap between current EAD expires before GC gets approved?
---you will be AOS pending but need valid EAD for work or Valid H1 status for WORK
I guess only thing is after EAD exprires, i will not be able to work
------yes
but will be on AOS status right?
--correct
What is the use of the new H1B which got renewed on 11/24/2004?
----- if you did not use EAD then you are on H1 status and AOS pending, if you used EAD then you invalidated H1, but you can again be on H1 status if you go out and enter on H1 status(if Visa stamp expired you will need Visa stamp for entry)
It is better to be on H1 status till your I-140 gets approved and if used EAD renew EAD 4-5 months advance and keep valid AP with you.
Click to expand...
 
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