What is valid legal status?

A

ari4u

Registered Users (C)
This question has me confused and would appreciate if anyone give me an answer.

Lets take my case. I am on a valid legal status since i am on H1. In Jun 2006, my H1 expires and if i dont get my GC approved by then, will i automatically fall under pending AOS status without me having to do anything?

I understand that i need to use EAD to continue being employed, but if i choose not to work after my H1 expires and dont use my EAD, will i be out of status or Pending AOS?
 
Ari4u,

It is my understanding that your AOS is family based to a USC.

Your status as a person with a pending AOS, is "adjustment of status" and is in an authorize stay by the Attorney General until you get a result (granted or denial) from your AOS application. But since you have able to mantain your status of H1, your current status is H1 until expires, after that you are in an authorize stay by the attorney general.

http://uscis.gov/graphics/lawsregs/handbook/unlflpr3273pub.pdf

http://www.usvisanews.com/questions/wedquest060601.shtml (Q.2)

http://www.usvisanews.com/questions/wedquest080603.shtml (Q.5)

In any case you can call the Customer Service, and that is what they told me and after search and all that I felt okay.

Good luck,
 
After your H1 expires, you can use your EAD as a spouse of a USC and then you can work to whoever you want.

If you use your EAD BEFORE your H1 expires then your H1 is void. That is my understanding. So I think being in any kind of visas to let you work and then adjust status is the better way to live while you have a pending case. That is my understanding. :)

Good luck,
 
cherr1980 said:
After your H1 expires, you can use your EAD as a spouse of a USC and then you can work to whoever you want.

If you use your EAD BEFORE your H1 expires then your H1 is void. That is my understanding. So I think being in any kind of visas to let you work and then adjust status is the better way to live while you have a pending case. That is my understanding. :)

Good luck,
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Thanks for your explanation. I was under the same impression as you till i read conflicting postings on a different site and different forums on this site. There was someone who asked if EAD needs to be used to maintain Pending AOS when visa expires and the posts following were conflicting. Some said not needed; some said if EAD not used, applicant will fall out of status and application will be denied. That got me really confused, so i had to ask this hypothetical question with me as an example :)

Thanks for clarifying
 
Actually the use of the EAD is not obligatory, there are people who just use it for other things like get a SSN which let to do many other things nor even apply for it!. So even you have it and let's say that you won the lottery and decide not to work which means you won't going to use the EAD card.

Of course this is very hypotetical I am not saying that you going to won the lottery which you can as many other millions hehehehe :)

The main application here is your I-485 that is just Adjustment of Status application and that is what it counts.

When your AOS application is granted then your status is LPR or PR or PRA.

Good luck,
 
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