Urgent Help Please

[sp2usa]

Hi,
I have been in US since Oct 28 2000 on H1B and got married in Apr 2004 to a US Citizen. In July 2005, my case for GC was filed along with I-765 for EAD (in August). But the EAD was stuck for more than an year. Then on July 31 2006, my attorney advised me to file another I-765 application.

My H1 is expiring on Oct 28 2006 and there is no sign of my GC (background check stuck while case has been approved) or my EAD (can take another 1-3 mos).

What are my options at this point of time. I have filed for extension on my H1 based on my time outside US which can get me extension till Jan 2007. I applied for that on Aug 17 2006 (filed on Aug 28 2006) and they say it usually takes 30-45 days for the extension to be granted.

I am in potential danger of being out of status on the upcoming October 28th.

Please Please help me with this. Any and all suggestions will be welcome.

 

[TheRealCanadian]

I am in potential danger of being out of status on the upcoming October 28th.

No danger at all. First off, the pending I-485 keeps you in status. Second, the timely-filed H1 extension preserves your work authorization for 240 days after the original H1 expires.

 

[sp2usa]

do i need to do anything

Am i glad you are a moderator. Thanks

Do I need to do anything to keep myself in status? The 240 days extension, is it given by default. How does it all work? My drivers license is valid till Jan '07. How can i extend the expiration date on that (based on what document)?

 

[dr_lha]

You will remain in status as you filed AOS. The only way you will become "out of status" is if your H-1B expires and they deny your AOS petition (i.e. worst case scenario).

As for getting a new drivers license, you'll need either your EAD or your H-1B approval notice, but this depends on which state you are in, so check with your local DMV.

 

[princesskate]

Hi,
I have been in US since Oct 28 2000 on H1B and got married in Apr 2004 to a US Citizen. In July 2005, my case for GC was filed along with I-765 for EAD (in August). But the EAD was stuck for more than an year. Then on July 31 2006, my attorney advised me to file another I-765 application.

You're qualified to get a temporary EAD 90 days from your notice date, if you haven't received EAD from USCIS. Since you said your EAD was applied in July 2005, you should go to district office in person and get a temporary EAD on the same day since October 2005. Don't forget to bring your NOA. I don't see why your attorney advised you to file another I-765.

By the way you won't be out of status since you're currently in Pending AOS status.

 

[GotPR?]

Am i glad you are a moderator. Thanks

Do I need to do anything to keep myself in status? The 240 days extension, is it given by default. How does it all work? My drivers license is valid till Jan '07. How can i extend the expiration date on that (based on what document)?

240 days is given by default. If H1 extension is timely filed(filed before it expires), you can keep working up to 240 days after status expiration as long as extension application is pending.