Blueracer Posted July 10, 2013 Report Share Posted July 10, 2013 I have my EAD expiring on August 5,2013. I have applied for renewal on 06/26/13. I have 485 pending AOS. I also have H-1b visa expiring on 09/15/13 but my i-94 is expiring on 09/30/13. My employer is not going to renew H-1b since I have EAD. My question is; 1. What is my legal status after 09/15/13 if I do not receive my EAD cards till then? 2. Can I be on leave of absence after 09/15/13 and wait for my EAD cards and then resume working once I receive the card if I am allowed to stay in the country ? 3. My company lawyer says that I can work till 09/30/13 on h-1 since my I-94 has an expiration of 09/30/13 even though my H-1b visa and I -797 has an expiry of 09/15/13. And by this time , my EAD card should arrive for sure according to him and I am in perfectly fine situation according to him. IS THIS TRUE? I would appreciate expert opinion here. Thank you for the time to read this post. Link to comment
pontevecchio Posted July 10, 2013 Report Share Posted July 10, 2013 1. EAD cards have no connection to status. The pending AOS keeps you legal. 2. EAD has no connection to stay. Up to 180 days of working without the EAD is allowed. You can certainly stop work till the EAD arrives if you choose. 3. It would seem so. Check out 245(k) Link to comment
Blueracer Posted July 10, 2013 Author Report Share Posted July 10, 2013 Thank you pontevecchio for prompt reply. This really helps. Link to comment
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