atpatel Posted July 20, 2011 Report Posted July 20, 2011 My marriage based GC & EAD both are pending. They were filed in last week of April. My H1B is expiring in August first week. MY AOS interview went well in July 2nd week, and the Officer told me that after my H1B expires, if I don’t have EAD or GC, “IT IS UP TO YOUR EMPLOYER TO DECIDE TO EMPLOYE YOU OR NOT†I was not sure what it means but I was hoping to get EAD or GC soon, but no progress, and my employer is not willing to spend on my H1B, so I called USCIS asking same question that what should I do after my H1B expires? I got same answer that "IT IS UP TO YOUR EMPLOYER" To me it sounds like I can work if my employer doesn't mind it. Is this legal? What do I interpret from this? Anyone? Murthy lawyer? I need your suggestions. Thanks,
Jignesh1972 Posted July 20, 2011 Report Posted July 20, 2011 Your GC is pending and if you do not have EAD you cannot work. EAD stands for employment authorization document name itself is saying. you cannot work if you do not have it.
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