Out Of Status In 2 Weeks?
Apr 28th 2004, 8:47 pm
#1
Just Joined
Thread Starter
Joined: Apr 2004
Posts: 6
Out Of Status In 2 Weeks?
Hello,
I expect my H1 to expire (mid-May) before an EAD is adjudicated. Even based on a standard 90-day processing time, my current work permit would have expired a week prior.
1. Will I be out of status?
2. Should / can I request a temporary EAD asap?
On another note, provided the EAD is approved, am I tied to the same employer and/or job until the Adjudication of Status (I485) is approved?
Thanks a lot,
S.
I expect my H1 to expire (mid-May) before an EAD is adjudicated. Even based on a standard 90-day processing time, my current work permit would have expired a week prior.
1. Will I be out of status?
2. Should / can I request a temporary EAD asap?
On another note, provided the EAD is approved, am I tied to the same employer and/or job until the Adjudication of Status (I485) is approved?
Thanks a lot,
S.
Apr 29th 2004, 7:35 am
#2
Guest
Posts: n/a
Re: Out Of Status In 2 Weeks?
On Wed, 28 Apr 2004 20:47:52 +0000, how to? wrote:
> Hello,
>
> I expect my H1 to expire (mid-May) before an EAD is adjudicated. Even
> based on a standard 90-day processing time, my current work permit would
> have expired a week prior.
> 1. Will I be out of status?
I'm assuming that you filed an I-485. In that case, no. Your status would
become "pending I-485 adjudication".
However, you would not be authorized to work.
> 2. Should / can I request a temporary EAD asap?
After 90 days. Alternatively, you can ask your employer to file an
extension for the H-1B before the old one expires. Most likely, you can do
that even if you already have six years (it depends on whether or not your
Labor Certification was filed at least a year before the six years were
up).
> On another note, provided the EAD
> is approved, am I tied to the same employer and/or job until the
> Adjudication of Status (I485) is approved?
No; after 180 days, you can change jobs, as long as you stay within the
same field.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
> Hello,
>
> I expect my H1 to expire (mid-May) before an EAD is adjudicated. Even
> based on a standard 90-day processing time, my current work permit would
> have expired a week prior.
> 1. Will I be out of status?
I'm assuming that you filed an I-485. In that case, no. Your status would
become "pending I-485 adjudication".
However, you would not be authorized to work.
> 2. Should / can I request a temporary EAD asap?
After 90 days. Alternatively, you can ask your employer to file an
extension for the H-1B before the old one expires. Most likely, you can do
that even if you already have six years (it depends on whether or not your
Labor Certification was filed at least a year before the six years were
up).
> On another note, provided the EAD
> is approved, am I tied to the same employer and/or job until the
> Adjudication of Status (I485) is approved?
No; after 180 days, you can change jobs, as long as you stay within the
same field.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
