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H1-B expires in 60 days - Is it too late to apply for AOS? - URGENT

H1-B expires in 60 days - Is it too late to apply for AOS? - URGENT

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Old Feb 1st 2004, 4:43 pm
  #1  
csf
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Default H1-B expires in 60 days - Is it too late to apply for AOS? - URGENT

Hi,

I am really worried about this one. I thought my H1-B visa was due to expire at the end of May, but instead it is going to expire on May 1st. This only gives me 60 days to get my EAD to allow me to keep on working.

Two questions:

i) If I apply now for AOS & my EAD, will I receive the EAD in time to continue working by the time my H1-B expires?

ii) If not, will I be able to continue working after May 1st, even though my EAD won't have arrived? Technically I guess I will be out of status, but if I don't leave the country and I pick up the EAD after 90 days, will the 30 day gap be a problem for immigration?

iii) Would it just be better to file an extension for my H1-B? If so, how long does this take?

I am married to a US citizen. Any help would be much appreciated Forgive me if I have covered this elsewhere, but I am extremely worried.

Thanks,

Chris
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Old Feb 1st 2004, 6:09 pm
  #2  
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Default Re: H1-B expires in 60 days - Is it too late to apply for AOS? - URGENT

Originally posted by csf
Hi,

I am really worried about this one. I thought my H1-B visa was due to expire at the end of May, but instead it is going to expire on May 1st. This only gives me 60 days to get my EAD to allow me to keep on working.

Two questions:

i) If I apply now for AOS & my EAD, will I receive the EAD in time to continue working by the time my H1-B expires?

ii) If not, will I be able to continue working after May 1st, even though my EAD won't have arrived? Technically I guess I will be out of status, but if I don't leave the country and I pick up the EAD after 90 days, will the 30 day gap be a problem for immigration?

iii) Would it just be better to file an extension for my H1-B? If so, how long does this take?

I am married to a US citizen. Any help would be much appreciated Forgive me if I have covered this elsewhere, but I am extremely worried.

Thanks,

Chris
Hi:

Perhaps. I've seen them come through in less. Also, the employment sanctions in this case apply to your employer and not you.
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