Status question.

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weigoodone1

Registered Users (C)
Hi:

I applied EAD card Feb 7th and my current H-1b expires April 20th. If I don't have my EAD approved by then, I will try to get an Interim EAD before that. But if I can't get it, what will happen to my status between then and 90 days, which is May 8th? I probably will be able to get an Interim EAD on May 9th. I will have a job waiting for me but no H-1b sponsorship.

Thanks,

I-140:AD 12/1/04
I-485: RD 10/14/03
 
Your status is intact is "AOS Pending" till approval. You may not be able to work between the h1 expiry and the ead approval period.

Check with you lawyer/company lawyer.

SKumar
 
weigoodone1 said:
Hi:

I applied EAD card Feb 7th and my current H-1b expires April 20th. If I don't have my EAD approved by then, I will try to get an Interim EAD before that.
Click to expand...
You cannot get iterim EAD till after 90 days from the date you applied. Hopefuly, you EAD will be approved before 04/20; otherwise you are not entitled to work, if you do it might create complications in 485 approval.
 
No payroll should be fine.

Legally, you should not work in the period between the time of your H1 expiry and your EAD approval(or Interim EAD).
But you can request your employer not to pay in this period and still work(not a legal advise) and keep your profile low till you get your EAD card.

Once you file your I-485, your status will be 'pending immigrant status', and you are fine to stay in USA till your Greencard gets approved.
 
even if your employer doesn't pay you, if you do work for which you would normally get paid, it will be considered " illegal". Take a vacation. Go see the Grand canyon- stay legal.
 
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