srigans
Guys,
I would appreciate any input on this.
My H-1 expires April 2004, my LCA just got approved from Chicago and I'll be filing I-140+485 together soon.
---- It is LC and NOT LCA (LCA is filed with H1B), if you file I-140 I-485, EAD AP immediately and get I-485 filing receipt before April 2004 you will be in AOS pending status (FYI after you file I-485 you will get I-485 filing receipt in 12-15 days)
Does this mean that I can continue to stay here legally beyond April 2004?
-----YES, your status will be AOS pending
Is it true that if I get my EAD before that I can continue to work?
----- Generally EAD is granted in 60-90 days after you file I-140, I-485 EAD, AP, you need EAD card to work with EAD
And if not, I could stay here but not legally work?
------ You can stay in US after filing I-485 but for work you need EAD or H1.
**** As you are filing I-140,I-485 EAD,AP it means your I-140 will be still pending and if I-140 is denied then EAD, AP, I-485 all will be denied read the below link:
http://www.murthy.com/ukdenial.html
If I am in your situation, once I get I-485 filing receipt I will file for 7th year H1 extension and will maintain H1 status till the date I-140 is not approved( if you have not hit 6 years still you can ask your employer to extend H1) the reason behind this is that at this time more RFE are being sent before I-140 approval for education and employer ability to pay and many Indian have 3 years BS degree and on LC lawyers write 4 year BS degree needed. Play safe be on H1 status till the date your I-140 gets approved.
**Don’t forget to send color copy of your DL and passport first page with EAD application. NSC needs color copy of DL and passport page that has your name, DOB and photograph