My EAD expires on 10/28/08 and my H1-B on 10/30/08. I've been calling my laeyer since July to apply for EAD renewal, and he kept telling me it's too ealy to do that, and that he will apply for renewal end of September (which he did) and there should be no problem. Well finally, after a month of applying I receive my receiot from USCIS stating that they have received my application on 10/14/08 and case is pending. My lawyer doesn't want to apply for H1-B renewal. According to him, I can continue working while my EAD renewal is pending. After reading so many posts, this doesn't seem right! I feel so frustrated! Your advice is highly appreciated! Thanks
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You got to stop working... this is the reference i used to stop working
www.immigration-law.com
Look for USCIS 245(k) Memorandum
Go to page 3-4... that expains all.
Consequences would be your green card denial based on engaging in unauthorized employment...
I hope this helps....
Kumar
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Thanks for the reply, I will stop working on Oct. 28 till i get my renewal, I guess that's the safest route. Unless i apply for my H1-B renewal (one year extension since I am already consumed the 6 years). Do you think that would be a good alternative? Thanks again.
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I don't think so....i know it is hard to digest... but this is the irony of the current immigration policy.
If you have your h1b extension... you should be good...
Good luck
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If you apply for the extension of the H1B ...yes you can continue working... The visa allows you to work while the approval is pending.
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Dinas- u need to apply for H1 extension immediately....
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You can keep working if you get the receipt that your H1b is filed...the next day..and H1b is the safest ...as if it failed for some reason you can go on EAD..or you can get in this situation where you cannot work until the Card comes which might be 2 months late.. I would seriously push to get the H1 done...at least get them to agree to prepare and file if EAD doesnot arrive a few days before expiry. Also get your own good lawyer...then they have to deal with your lawyer. I was torchered like this with the company lawyer... seems like anger, yelling, abuse and manipulation were his main tools...until I got a good lawyer and then all of a sudden that company lawyer got mad and slam the phone down and said he will do what my lawyer asked. I don't know what the laws are but the games they play against you..suddenly end.
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Hello Dinas77 (5), Really felt sorry after reading your situation,
Ask your employer to file your H1 extension, if your I-140 is approved you can get your H1B extended for
3 years, tell him you will pay fees for H1B extension, never work, while your EAD is pending for renewal, My lawyer said
we should not work with Pending EAD, it is going to cause problems to get our GC or in some cases they may deny our
GC also it seems, best solution for you is to beg either lawyer or your employer to apply for H1B extension, tell them that
you will bear all expenses, if you stop working also I think it is a problem because if I-485 is on your name then
you should be on job (I don't for sure how many days you can be with out job).
Wish you all the best.
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Go for H1B Renewal ASAP. Filing it prior to expiration will keep your H1 status intact. Pursue your employer about this as only they can trigger it.
As a backup, apply for EAD. Mine at Nebraska Serv Center took net 30 days for approval and 5 business days more to get the physical card which was valid for 2 years -- until 2010. For EAD renewal you don't need a lawyer.
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