Using EAD .. H1 B expires..can we Continue to stay in US

[good_wait]

hello all

My 485 pending
PLanning to use Ead soon
H1 B expires Jan 2004
Can we Continue to stay in US after Jan 2004 ?


Thanks all

 

[vijayrc]

The day u file I485[Adj to Permanent Resident] you are legally entitled to stay irrespective of your visa status,work status etc.
Hope this helps.

 

[ar888]

YES, as long as your AOS pending, you are in valid status. But you need EAD to work.

 

[good_wait]

Is that also true for my wife who is currently on H4 and using EAD
while 485 is pending ?

Thanks again

 

[ar888]

Originally posted by good_wait
Is that also true for my wife who is currently on H4 and using EAD
while 485 is pending ?

Thanks again

YES and she is not in H4 status if she is using EAD to work (H1/H4 becomes void once you use EAD), she is in AOS.

 

[vijayrc]

Yes...for your spouse too..
With AOS pending, you have a legal status to stay...!

If your H1 has expired, u need EAD to work, and if you use EAD, u need AP to re-enter the country.
If your H1 is valid, u don't need an EAD/AP.

 

[not_there_yet]

good_wait

You will be ok, My 6 years of H1B expired march 2002 and nothing changed for me. I did not go out of the country but continue to work.

Case got approved May2003. Nothing changes except if you want to go out of country you have to use AP and to change job after 6 months under AC21 you have to use EAD.

hope this helps...

Almost_there (waiting for the card)

 

[good_wait]

thanks all

Thanks all...

but it looks like we have to switch to using EAD if I do not apply for renewal of H1.