Disability under H1 and EB1
Apr 27th 2007, 11:45 pm
#1
Guest
Posts: n/a
Disability under H1 and EB1
Hello All. I am in a strange situation. I have an EB1 Extraordinary Ability
I-140 filed and pending. They have given me my advance parole and work
permit docs. I expect a final result from them very late this year.
Currently I work on an H1B; not the work permit. However, due to health
complications, I am forced to take long term disability time off from my
job, for about 6 months, until October. Under Family and Medical Leave act,
my job is guaranteed only for 3 months, ie July. After that, my company
could and will hire some one else. My H1B will lapse. In the time from end
of July, when my H1 vanishes, and end of October, when I expect final result
from INS, can I stay in this country legally? I realise that if the I-140
fails, I need to leave the country in October and can stay only if it
succeeds. What is my status in that period from August to October?
I-140 filed and pending. They have given me my advance parole and work
permit docs. I expect a final result from them very late this year.
Currently I work on an H1B; not the work permit. However, due to health
complications, I am forced to take long term disability time off from my
job, for about 6 months, until October. Under Family and Medical Leave act,
my job is guaranteed only for 3 months, ie July. After that, my company
could and will hire some one else. My H1B will lapse. In the time from end
of July, when my H1 vanishes, and end of October, when I expect final result
from INS, can I stay in this country legally? I realise that if the I-140
fails, I need to leave the country in October and can stay only if it
succeeds. What is my status in that period from August to October?
Apr 28th 2007, 2:04 pm
#2
Arrogant ****
Joined: Jan 2004
Location: Plano, TX
Posts: 4,323
Re: Disability under H1 and EB1
Hello All. I am in a strange situation. I have an EB1 Extraordinary Ability
I-140 filed and pending. They have given me my advance parole and work
permit docs. I expect a final result from them very late this year.
Currently I work on an H1B; not the work permit. However, due to health
complications, I am forced to take long term disability time off from my
job, for about 6 months, until October. Under Family and Medical Leave act,
my job is guaranteed only for 3 months, ie July. After that, my company
could and will hire some one else. My H1B will lapse. In the time from end
of July, when my H1 vanishes, and end of October, when I expect final result
from INS, can I stay in this country legally? I realise that if the I-140
fails, I need to leave the country in October and can stay only if it
succeeds. What is my status in that period from August to October?
I-140 filed and pending. They have given me my advance parole and work
permit docs. I expect a final result from them very late this year.
Currently I work on an H1B; not the work permit. However, due to health
complications, I am forced to take long term disability time off from my
job, for about 6 months, until October. Under Family and Medical Leave act,
my job is guaranteed only for 3 months, ie July. After that, my company
could and will hire some one else. My H1B will lapse. In the time from end
of July, when my H1 vanishes, and end of October, when I expect final result
from INS, can I stay in this country legally? I realise that if the I-140
fails, I need to leave the country in October and can stay only if it
succeeds. What is my status in that period from August to October?
Having said that, here's my take on the situation. From what you say, you have your Advanced Parole (I-131) and your Employment Authorization Document (I-765) as a result of your I-140 application. The EAD means that you do not have to keep your H1-B status - you are free to work (or not work) until a decision is made on your I-140 application. In your case, your H1-B status would lapse if your H1-B sponsoring company fires you due to your extended disability (sorry to hear that - it really sucks!) but you would immediately switch to your pending I-140 status. This would be automatic, I think, but that's where I'm unsure and a lawyer would be more help.
I too went through the Exceptional Ability/National Interest route. My timeline is as follows:
2/27/2006 - I-140 and I-485 filed concurrently
4/12/2006 - I-131 Advanced Parole approved
4/22/2006 - I-140 National Interest Waiver approved
5/02/2006 - I-765 EAD approved for my (H4) wife
5/12/2006 - Biometrics appointment (canceled)
5/25/2006 - Biometrics (rescheduled)
7/21/2006 - I-485 Approved
7/26/2006 - Green Cards arrived
In your case, your I-140 hasn't been approved yet, so the timescales involved may be less certain. Either way, in my view you can remain in status with your pending I-140, regardless of your H1-B status.
