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  #1 (permalink)  
Old 10-14-2010, 02:41 PM
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Default H1-B extension advice needed urgently

My original three year H1-B expired on August 19th 2010, but I am working on my EAD as of now. My EAD expires November 11th for which I have applied for an extension. However looking at the current EAD delays I do not believe I will get my EAD in time. I plan to apply for my H1-B renewal right now and might go for a premium processing.I had a couple of questions regarding this

1. Will there be a problem in H1-B approval since I have not renewed before expiration date?
2. Can I work on the receipt notice once I send H1-B for renewal?
3. Once I get approval do i need to go out of the country for approval?

Thanks!

Last edited by vinit_joker; 10-14-2010 at 03:27 PM. Reason: CHanged post
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Old 10-16-2010, 07:22 PM
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veritas1 is on a distinguished road
Default

Quote:
1. Will there be a problem in H1-B approval since I have not renewed before expiration date?
2. Can I work on the receipt notice once I send H1-B for renewal?
3. Once I get approval do i need to go out of the country for approval?
1. If the H1B is approved, the validity period will probably start on the date of adjudication since you have not been maintaining nonimmigrant status. You will not be granted status to cover the period starting from the date your last I94 expired since you applied after the expiration of your H1 status. Whether you will have problems in the future may also depend on whether you were out of status (and for how long) prior to the filing of your pending I-485.

2. You are not eligible for 240 rule work authorization if the petition was filed after your I94 expired. Therefore, you may have to wait until the H1B petition is approved if the petition is filed after the expiration of your previous period of authorized stay. Depending how long ago you filed it, you may have better luck getting the EAD adjudicated first since the NSC is trying to resolve this problem for applications pending 75 days or more. In either case, itís a good idea to maintain your nonimmigrant status even if your pending AOS as a backup to prevent any unlawful presence issues in the future. Keep in mind that EAD merely gives work authorization, not nonimmigrant status.

3. Probably. If you apply for nonimmigrant status while you are currently out of status, USCIS will only approve the petition, but not the request for status. Therefore, you would have to consular process to get back into status.
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Old 10-16-2010, 09:19 PM
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dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future
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If you are filed I-485 and pending (your I-140 and I-485 are not denied) , you will never Out of status.
Your H1b may be expired, if you want to stay in H1B, go back to home country and stamp (if no I94 is not attached).
You cannot work, if your EAD is expiried.
You need to apply EAD renewal before 90 days. If application is pending more than 90 days, you can take infopass and request temp. EAD.
__________________
Proud to be Indian and American resident.
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I am not a lawyer. This is my personal opinion.

Last edited by dealsnet; 10-16-2010 at 09:22 PM.
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Old 10-16-2010, 11:58 PM
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If you are filed I-485 and pending (your I-140 and I-485 are not denied) , you will never Out of status.
You are in a period of authorized stay while the I-485 adjustment application is pending, but you are NOT in status unless you are actually maintaining the underlying nonimmigrant status (i.e., H1B). One does not maintain "status" simply by filing an I-485...
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