Urgent question - reg. EAD - please answer

R

RBSS

New Member
I am new to this Forum.

My I485 is pending since Nov 2001 at TSC and in Jan 2004 had applied for my 3rd EAD renewal and the case has been pending at TSC since then, Had been to the ATL-Dsit office and obtained my Interim-EAD for 8 months which expires on Jan 5, 2005.

On Dec 22 had been to ATL-Dist office to get my Interim EAD extended, they did not issue one and said that Interim will be issued on once one pending Application. And when I talked to my attorney, she is asking me to file for a new EAD right now, even though on Application is pending. But if I file now, I will have to wait for 90 more days to get an Interim, and I won't be able to work after Jan 5, 2005. What would be my best alternative?
I still have 1 more year on my H1B which expired on Jan 31,2004, can I file for an H1B tranfer with the current emplyer ? will that be effecting my GC process in any way ?


Any suggestion please I am :confused:

Thanks
RBSS
 
I think you should apply for a new EAD right away.
Did you try to call the 800# and ask for the case status? It may have been approved but card lost.
 
not sure what you meant by "I still have 1 more year on my H1B which expired on Jan 31,2004"

I assume you wanted to say that your H1 visa stamp expired but you still have another year on H1 797 notice. I would first apply for EAD again and check EAD status by calling -1800# ( actually, have your lawyer to do that)


In the extreme case, you will need to leave the country and get a new visa stamp on your H1B from consulate? Again, seek an advice from the qualified lawyer...it is bit tricky..It should be a way to resolve this.
 
By the way if you applied for 485 in November 2001, you are well before the current date i.e. July 2002. There is clearly something wrong. Instead of focussing on the EAD you should contact TSC with regards to you AOS.
 
Thanks for all your responses

I am going to apply for a new EAD right away, I did call the NCS 1-800 # and they said that my pending Appl for I-765 has been transfered to your Dist. Office but when I asked about this at ATL-Dist. Office they don't have any information about this.
But worst case I will have to be out of job for around 80 days from Jan 6, waiting for the new EAD to get approved.

Was on L1B for 3 years and on H1B for 2 years and my pervious H1B expired on Jan 31,2004, which was with my previous employer and I didn't not transfer that to the current since I had my EAD already.
So in all I have used on 5 years of my H1, Hence in this situation I was asking if I can file for a H1B transfer (premium process) and start working on that. will that be effecting my GC process in any way ?

I did get an RFE on my I-485 in Apr 2004 asking me to provied my current employment details W2, etc.... had sent all this and have been waiting since then. I will ask my Attorney to follow up on this one too.

Thanks
RBSS
 
Again, you need a good lawyer to put this "puzzle" together. As you noted yourself, your good option is to file H1 with a premium processing which means that you will get an answer within 15 days ...hopefully, an approval...

I do not think filing a new H1 would impact your 485 negatively...it may confuse USCIS a bit and i do think they can deny your H1B becuase of pending 485. Again, ask your attorney.
 
As long as your employer does not ask for a valid EAD, i would not worry about it. Per my employer's HR team pending EAD application status is a legal status, but again it depends on the employer, some may say that it's okay to work as long as the application is pending, but some might say that they need to see a physical card with a valid date.

I would recommend the same as others, call them and ask for a status inquiry. Also send a certified letter to the Director clearly stating your issues.

Good Luck!
 
Manig,

I tend to disagree with you. Legal status ( or in status) does not mean that you have a right to work. In this case, the status is provided by pending I-485 not pending EAD application , the latter does not grant any right to work.
 
pending status

MydreamUSA, I think the issue regarding legal status is when a renewal is pending- not just a regular application. According to my attorney, If you held an EAD and then applied for a renewal, you are legally entitled to work unitl you recieve a decision on the renewal. However, if you are applying for the first time, then you are not. I am not sure how this is impacted by an interim EAD however- sorry RBSS, I cannot help there.
 
that is not true in case of an EAD, it is true however for a pending H1B application. If you are applying for a renewal then as soon as you have a reciept you can start working.
But for EAD you will have to legally sit at home and wait for new EAD cards. You are not out of status...but just out of work permit. Chances are you will never be caught working without a valid EAD unless you get an RFE...most of which tend to concentrate on days before you applied your I485.....
Also another point....you are granted 6 years of H1 visa per person. But if your labor cert for Green card is pending of I485 is pending you can keep renewing your H1 for 7th, 8th, and 9th year ... as long as it takes. They will not deny H1 renewal based on I485 pending.
 
EAD and H1-B are two different things.

One you used EAD, you are not allowed to use H1-B (even though you have a valid H1-B). Please check at www.murthy.com FAQ about this.

Applying EAD renewal doesn't permit you work. Please look at the employee eligibility requirements in w2 form (most HR people provide this when you first join in the company). You need a valid and unexpired EAD to work. In my case my company asked me to provide a new EAD and they sent an e-mail 90 days before the expiration of the current EAD (so that I can apply for a new one if I am not). They cleraly told me that if I can't provide a valid EAD on or before the current EAD expriation date, they are gonna remove me from the payroll.

The law is very clear, most of the time people confuse with Visa and work permit. In H1-B case they are same, where as EAD they are different. Eligibility for staying in the country and eligibility for employment are two different things.

Hope this helps.
 
we had the same payroll experience- we actually had the HR peopel turn up at my desk to escort me from the building the day that my EAD expired- this was when my attorney cited some document ( which he had told me of before) which confirmed that I was eligible to work with pending I485 and EAD application which has not yet been denied. Maybe he just made it up!!!!
Or maybe things have changed sionce then. I just post what happened to me :)
 
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