Question on EAD with active H1B

[GCdeewana]

Hello Gurus,

Do we need to have valid EAD always while 485 is pending though we have a valid H1B.

I moved to different company on H1B while my 485 is pending. I didn't renew my EAD which got expired 5 months back.

Please post your comments on this.

 

[TheRealCanadian]

Do we need to have valid EAD always while 485 is pending though we have a valid H1B.

Nope.

I moved to different company on H1B while my 485 is pending. I didn't renew my EAD which got expired 5 months back.

So long as you work for them using some other form of work authorization (like an H-1 transfer) you will be fine.

 

[GCdeewana]

TheRealCanadian,

Thanks for your quick reply. That's what I thought too but INS sent NOID saying that you are out of status since you don't have valid EAD for 181 days.

We are replying to the NOID with H1B papers. Do you think that is enough info to reply??

 

[TheRealCanadian]

Thanks for your quick reply. That's what I thought too but INS sent NOID saying that you are out of status since you don't have valid EAD for 181 days. We are replying to the NOID with H1B papers. Do you think that is enough info to reply??

Were they saying you were out of status, or illegally employed? If it's the latter then the H-1B papers should be sufficient.