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  • EAD/Advance Parole/H1-B

    Hi.
    Here's the Question.

    I have my H1-B valid till 02/2004.

    I am also in the process of getting my Adjustment of Status (Receipt date - 10/01/2001) done throught my employer.

    I got my EAD/Advance Parole in 01/31/2002. I travelled on my advance parole to my country & came back in August 2002.

    Now, my lawyer says that I need to renew my EAD by 01/31/2003 OR it will expire and I will be out of status. I argued that I am still on H1-B with my company since they have not changed my employment status from H1-B to EAD. The lawyer argued back that since I travelled on my advance parole, I automatically started off working on my EAD the moment I entered into the country.

    Now, the problem is I don't want to renew my EAD if I don't need to. Its unnecessary expense for me. Moreover, it seems INS is processing Adjustment of Status applications of September end right now. So, my case is almost done as well. What do you suggest I should do.... ?

    Of course, money is secondary if it means I will be at a risk of being booted from the country...

    Please advise immediately.

    thanks

  • #2
    Hi.
    Here's the Question.

    I have my H1-B valid till 02/2004.

    I am also in the process of getting my Adjustment of Status (Receipt date - 10/01/2001) done throught my employer.

    I got my EAD/Advance Parole in 01/31/2002. I travelled on my advance parole to my country & came back in August 2002.

    Now, my lawyer says that I need to renew my EAD by 01/31/2003 OR it will expire and I will be out of status. I argued that I am still on H1-B with my company since they have not changed my employment status from H1-B to EAD. The lawyer argued back that since I travelled on my advance parole, I automatically started off working on my EAD the moment I entered into the country.

    Now, the problem is I don't want to renew my EAD if I don't need to. Its unnecessary expense for me. Moreover, it seems INS is processing Adjustment of Status applications of September end right now. So, my case is almost done as well. What do you suggest I should do.... ?

    Of course, money is secondary if it means I will be at a risk of being booted from the country...

    Please advise immediately.

    thanks

    Comment


    • #3
      You're no longer on H-1B status when you enter with AP. So it is necessary to renew your EAD. These days, I wouldn't worry about the $200 or so filing fee because if your 485 is not approved by the time the EAD expires, you'd be in a difficult situation, and INS is not very forgiving these days.

      Comment


      • #4
        Would I be out of status immediately my EAD expires... or do I have some grace period?

        I mean, keeping in mind that I apply for a renewal of EAD in a day or two... since INS is currently taking upto 90 days to approve an EAD... and my current EAD expires Jan 31, 2003...

        Would I be out of status come Feb 1, 2003? OR being an Adjustment Applicant with EAD renewal filed as well... would this gimme some grace period to wait for one of theses approvals ?

        thx

        Comment


        • #5
          INS is implementing zero tolerance a day after your EAD expires you are technically out of status and cannot work anymore legally.Your lawyer is correct as H1B ceases once I-485 application is made.

          Comment


          • #6
            Keeping in mind that my I-485 is pending... can I still stay in the US legally once I my EAD expires?

            I also have an H1-B valid until Mid yr. 2004.

            thx

            Comment


            • #7
              himjhamb ...

              You 'll be O.K while you're in a "adjustee status"...with pendind I485...but you can't work if your EAD expires.
              Be careful if you works illegally...you can seriously jeopardize your pending Green application.
              By the way...which center was filed your application for GC???

              Comment


              • #8
                Vermont Service Center

                The reason I waited for renewing my EAD was that my I-485 is expected to be approved anytime soon.

                My I-485 receipt has October 1, 2001 as the Date Received from INS. I understand from my lawyer that they are getting approvals for end of September currently.

                So, hopefully, come February 2003, I should have my approval by then. But, just to be safe, I am applying for the EAD.

                Worse case scenario would be that I will not get my I-485 approval by Feb & wont get the EAD approval by Feb as well. If I apply for EAD right now (which I am doing today), I will most probably have it by Feb 20th (90 days from now). At least I can continue working after that... maybe I will discontinue employment from my company for the 20 days... (From Feb 1 - Feb 20)

                Thanks.

                Comment



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