Urgent - Help Please.

D

DryIce

Registered Users (C)
Hi Folks,


I entered USA on AP in August and my I-94 says, "Paroled until August 2003". I have an EAD valid until June 2003. My H1 is expiring on Jan 20th 2003. I am opting not to extend the H1. Can you please tell me what needs to be done ? If my H1 expires after Jan 20th, will I be out of status ?
 
You are fine

Since you have a vaid EAD till June 2003, you need not extend your H1. You can start working on your EAD after the H1 expires..
 
1) If you are working on H1 visa and want to continue on H1 visa you need to apply for renewal or extension of H visa before it is expired.

2) If you are already working on EAD then you are not out of status because you are in AOS(Adjustment of Status) after you filed for I-485.

3) If you want to start working on EAD but if you are on H1 now then submit I-9 form to your employer to conver to EAD. Then your H status will be terminated.

I hope this will give required information for your question.
 
You are fine with your status.
But you do need to contact your HR (or they should contact you) to fill out a new I-9 form to use the EAD, if you haven't done so.
 
Relevant info at another thread:
http://boards.immigrationportal.com/showthread.php?threadid=71038

Your status is fine. You would need to switch to EAD by updating an I-9 form with your employer.

If you switch to EAD, I would advise to apply for renewal 3 months ahead of the expiry date (if GC is not approved by that time). Reason, with H1, status is valid once transfer filing receipt is obtained. With EAD, you need to be approved to work.

Also note, once on EAD you can travel abroad only on an AP. On your prior trip you could have used your H1 instead of AP if your H1 was stamped on your passport.
 
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