H1b /I-94 Expired + 240 days rules + GC EAD


Mahmad

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Posted
Hello Friends,
 
My H1b Extension application is pending for more than 8 months from the Vermont center. my I-94 already expired on Nov 18 2019 and will reach 240 days on July 15, 2020. I also have valid GC- EAD/AP Card (EB2) but I did not use my GC- EAD/AP card in employment yet. I always maintain my status on H1b because I need to get married and bring my wife on H4. I cannot bring my wife on H4 if I use EAD in employment. 
 
Let's assume, I will not get my H1b approval till July 15 2020 in a regular process. So base on 240 days I cannot work on H1b after July 15. Let's say I will use my GC EAD in employment from July 16 and onward and let's assume I will get my H1b approval on July 31 2020 in regular process. that means I have used GC EAD between July16-July30 for work.
 
Question:
1). Can I work again on H1b instead of EAD after July 31?
2). Will my H1b status still maintain when using EAD in employment while my H1b approval pending?
3). Do I eligible to bring my wife on H4 after H1b approval if I used EAD in employment between July15-July30?
4. I think Form I-9 required to work on EAD after July 15 (in case we don't get H1b approval). What about in the reverse process (EAD to H1b)? Let's say we get H1b approval on July 31. what documents required to work on H1b again?
 
Thank you.
 
Posted

Better consult a lawyer.

1. I guess it is complicated. You cannot move H1B to GC and then H1B just like that. You need to have some form of USCIS know about your jumps.

2. You cannot be on 2 status at same time  so when you move to GC you cannot have H1B.

3. Better talk to lawyer.

4.

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