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smi4975

Need help on EAD/H1

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Hello,

My husband had filed for his GC thru his employer( PD - July 2008). I was working here in US on my H1B with a different Employer. After we got married, and when the PD became current we jointly filed for the I-485 in Dec 2011. We got our EAD in FEb 2012( valid till Jan 2013). In the Meanwhile, my 6 yrs of H1 is expiring in Nov 2012.

My question to you was,

1. Will i be able to apply for my H1b extension ( after 6 yrs) thru my employer?

2. If not, will i be able to work on my EAD? Will it affect my current employment?

3. What should i ask my Employer to do in case i plan to work on my EAD?

I'm not planning to quit my job currently and so does my husband. in such a situation what can i do?

Please help!!!

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Generally, to be eligible for an extension of H1B status beyond the normal six year limitation the H1B Beneficiary needs to have a basis for that extension, such as a PERM application valid and filed more than one year ago, or an approved and valid I-140 filed on their behalf. Unfortunately a PERM application or I-140 filed on your husband’s behalf will not grant you a basis for such an extension. However, if you have a valid EAD you may utilize this work authorization to continue to work for your employer after the H1B expires. Your employer will need to update their I-9 form with the new information at the time. If you have additional questions it is advisable to speak to a qualified U.S. immigration attorney. The Murthy Law Firm has very well-regarded H1B and Green Card Departments with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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1. Will i be able to apply for my H1b extension ( after 6 yrs) thru my employer?

Yes, if you have approved perm/I-140 you can maintain dual status, ie H1 + AOS (I-485/EAD).

2. If not, will i be able to work on my EAD? Will it affect my current employment?

Yes, you can opt not to extend H1 and transfer on EAD. No it will not have any problems with your employment.

3. What should i ask my Employer to do in case i plan to work on my EAD?

Just talk to your employeer and provide the EAD, they will give you the complete details (ie I-9 form).

Hope this helps.

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