EAD renewal

[LegalIndianInUSA]

Hi,

I just applied for EAD renewal (8/6/2008) and my current EAD is expiring in about 40 days. I had gone out of the country and returned on AP, and apparently that invalidates my H1B status.

The lawyer tells me that I should stop working when my EAD expires if I dont receive a new one by that time. It is unfortunate that there was a delay in applying for the renewal of EAD.

Is there something I should do to reinstate the H1B, or call USCIS to see if they can expedite EAD, or anything else?

Thanks,

[sundarpn]

Did u start working on EAD? How do you say your H1b status is not longer valid?

Did your attorney say that re-entering on AP invalidates H1-B? I think he is wrong.

[LegalIndianInUSA]

Originally Posted by sundarpn

Did u start working on EAD? How do you say your H1b status is not longer valid?

Did your attorney say that re-entering on AP invalidates H1-B? I think he is wrong.

Thanks,

I did not start working on EAD (atleast not consciously).
Im still with the same employer who has my H1B.

The lawyer says that the H1b is invalid because when I returned from vacation, I just showed my AP papers, and was admitted as "AOS applicant" and they did not check/ask my H1B papers.

Should I get an infopass appointment, or talk to someone in USCIS to get the official word on my status ?

[LegalIndianInUSA]

Also, my H1b extension that was filed back in 2007, has an expiry date of April 2009 (8 months more).

I'm also a July 2nd 485 filer, EB2, with PD current, at TSC (NSC transferred to TSC)

[lj_rr]

Returning on AP doesn't invalidate your H1 as long as you have a valid H1 and never filed I-9 form with EAD info.

Originally Posted by LegalIndianInUSA

Hi,

I just applied for EAD renewal (8/6/2008) and my current EAD is expiring in about 40 days. I had gone out of the country and returned on AP, and apparently that invalidates my H1B status.

The lawyer tells me that I should stop working when my EAD expires if I dont receive a new one by that time. It is unfortunate that there was a delay in applying for the renewal of EAD.

Is there something I should do to reinstate the H1B, or call USCIS to see if they can expedite EAD, or anything else?

Thanks,