Would one be able to work while waiting for EAD when H1 expired?

jnjn

Registered Users (C)
It takes a lot longer time to just get a notice for EAD appointment at local INS office. If H1 expired before one receives the EAD, could one continue working? Thanks
 
That is illegal....You cant work if your h1 has already expired and u havent received EAD...also if yor company knows this..then they wont allow u to work either......check with lawyer...before u make any decision...go on Leave until u recive EAD....!!! there r options!!!
 
Hi jnjn,

Once you've applied for I-485, you are pretty much in Status. You can continue to work. That's perfectly Legal!

I Know many cases, who have not applied for EAD or H1B Extension, pending I-485 approval.

But meanwhile, you can also apply for EAD/Adv Parole and H1B Extension to be on the safer side.

I exactly did the same thing in the order, I-485, EAD/AP and H1B extension. No problems.

Hope this helps.
 
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Pork Chop is correct

You must have to have EAD or valid H1 to work. Pending 485 is only good for keeping you in status
 
Thanks

Thank you guys. I've applied for an EAD but was told that it would take 90 days to just get a notice for appointment for which time my H1 would be expired. Did not have a good lawyer and wasted our one and half month before responding to the INS's RFE. Right now just have to be prepared for the worst and may have to pay again for an H1 extension.
 
jnjn

What do you mean "you have to pay for H1 extension"? Its your employer's job and its in their interest.
 
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