Will I be out of status?

B

bluechip

Registered Users (C)
My H1 will expire this October and I already filed my I485 and EAD last week. Will that be a problem to my status? Because the expiration date on my I94 is October of 2000. I am afraid that I will be out of status. Please help. I don\'t understand why INS creates so many rule making us suffer.
 
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You will not be out of Status. Once you filed ur I485-- U will be an "adjustment of status applicant", as long as the INS received it. So dont worry, be happy :-).
 
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There are two issues here:

Can you stay in this country? Yes you can. Once you file your I485, you are OK even if your H1 expires.

Can you keep working? If you get your EAD before your H1 expires, yes. Your H1 expires, but you have not received your EAD, then I am not sure it is legal for you to keep working.

I would like to see what others with more experience and/or knowledge than me think.
 
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If you don\'t get your EAD by the time your H1 expires, you can go to your local INS office and obtain a temporary EAD, but for that you should have your I485 reciept.
 
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You cannot work, if you dont have EAD before your H1 expires. You cannot even goto local INS and request for a temporary EAD, as the local INS stopped processing temporary EAD\'s (I know very well as it happend to me) and the EAD should come from main INS office.

Hope this info. is useful.
 
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I guess there is a provision to extend your stay for few days even after your H1 expires. So just see whether you can extend your stay by consulting an attorney. Best thing is to contact a good attorney immediately.
 
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