Urgent help! 1-485 pending, H1 expiring, not EAD or AP, out of status?

wwwcom

Registered Users (C)
Please help!

I have I-485 pending, H1 Expiring, didn\'t apply EAD or AP, will I be out of status before I get another H1.

Thanks in advance for your expert advise!
 
No Title

After your H1 expires, you are not out of status because, you have a pending 485. However, since you do not have EAD, you are not authorized to work. So either get an EAD or a H1 if you want to work (I assume you want to).
 
No Title

thanks, KiranHegde2. No kidding, want to work.

I\'ll get EAD then. I assuming my family member\'s H4 will expire but they will be NOT out of status, right?

Thanks a lot!
 
No Title

Nope, as long as you have filed 485 for all family members, they will not be out of status when their H4s expire. Their new status will be "Waiting for AOS" (AOS - Adjustment of Stutus).
 
No Title

thanks a lot, KiranHegdle2. Here is my info:

NIW-China
I-140 applied 8/23/98
rd 8/25/99
nd 8/16/99
fp 8/14/00
fp approved 8/27/00
waiting since.....
Do you think I\'ll get I-485 approval before my EAD (if I apply now)?

Thanks a lot.
 
No Title

According to what I have seen on this board, you should get your 485 approval soon. If you apply for EAD now, I think you will get your 485 before EAD. But anyway, I advice getting in EAD if you are running out of your H1 (without waiting for 485 approval). Why take a risk just to save $100 right ?! I have seen many guys who got RFE and their 485 got delayed by 1-2 months.
 
Top