urgent EAD Questions - Please Help !!!

H

HTS

Registered Users (C)
Hi guys,

My H1B is expiring on NOV 30 2002, I have applied for I-485
at NSC.

Deatils are :
RD : 7 Jan 2002 , ND : 10th Jan 2002, FP = 06/17/02

I haven't applied for EAD yet, my question is, if my EAD did not
approve by NOV 30 2002, does that mean I wont be able to work on my current JOB meaing OUT OF STATUS from that point on or I
just have to show the proof that I have filed my EAD and it is pending approval and I can continue my JOB.

Please help !!
HTS
 
apply for your EAD renewal ASAP. it seems from the recent posts that EAD application processing is taking around two and a half months, so you are pretty much on the brink.

if your EAD application has been pending for 90 days or more at your regional INS center, then you become eligible for a walk-in EAD at your local INS office, which is why most folks apply for EAD renewal a little more than 3 months before their current EADs' expiration date (you can apply up to 6 months before your EAD expiration date).

you cannot work without work authorization. you will need to go on unpaid leave if you do not receive you EAD renewal from NSC by Nov 30, and you have to wait for a walk-in EAD at your local INS office.

another possiblity for you is for your employer to apply for your H1B renewal. IF YOU HAVE NEVER USED EAD BEFORE, and if you are in your first H1B 3-year period, then you can get your H1B renewed for another 3 years. if this is your second H1B, you can still get it renewed for a period of one year at a time if your I-140 is over a year old.

but definitely apply for EAD renewal. you can apply for EAD renewal as well as H1B extension simultaneously (provided you have not worked on EAD before), as the two are independent processes.

CAUTION:

i am not sure about the lengths of time and of the conditions under which you can apply for a 7th year H1B extenstion. PLEASE CHECK WITH A QUALIFIED IMMIGRATION LAWYER.

perhaps the gurus will give their opinion here too.
 
Last edited by a moderator:
Hi HTS,

AFAIK, once you've applied for I-485, you are in the Adjustment of Status (AOS). That is, you and your dependents, if they have applied too, are pretty much in status. So, no need to worry.

But still you can apply for EAD/Adv.Parole and H1B extension to be on the safer side. I did the same thing.

Hope this helps :)
 
Thank you so much Guys for your suggestions,

Actually I just went to Local INS Office here at Cincinnati, OH in Lunch time and they told me that you may apply thru mail for EAD
& AP to this Local INS office and it takes around 3-4 weeks to get an appointment for EAD and they will take the picture there itself and issue an EAD.

The appointment will be sent thru mail.

Actually It used to be every Tuesday walk-in for EAD at Local INS office but after April 2002 they stopped that and issue EAD only by
Mail/appointment on one of the Tuesdays.

What a relief ! But I will keep you posted after I talk to my Lawyer.

By the way I have never worked on EAD before and I still should have 1.5 years left from 6 years H1B period.

Thanks again !
HTS
 
ColumbusPrince

you are correct when you say that an I-485 applicant is an "adjustee", and therefore in status, which merely allows the applicant to reside legally in the u.s.

adjustee status alone does not mean that the applicant is also authorized to work: either the applicant must have an approved EAD, which the adjustee status makes makes him eligible for (but does not automatically confer it), or he has some other authorization, such as H1B.

hope this clarifies the situation.
 
HTS,

Apply for H1B Extension and EAD/AP asap, though it involves some money. It's always better to be safer.

After you get EAD, you need not use it, unless you switch employers.

Goodluck!
 
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