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lunos
06-17-2010, 10:18 AM
Hi
Here are our relevant date
My h1: valid till march 2011
EAD expires: July 14, 2010

My wife's h1: expired Feb 25, 2010 (employee and wife both missed to renew)
Wife's EAD expires: July 14, 2010
You will notice from the dates above that my wife did not renew her h1 which expired in Feb 2010 thinking she doesn't need h1 anymore as she has EAD. Now, her EAD expires on July 14 and we just applied for EAD renewal (on June 16). It seems it takes 3 months to get renewed EAD. Does it mean that my wife is out of status after her current EAD expires on July 14? If yes, what is the way out.

acecupid
06-17-2010, 10:30 AM
Hi
Here are our relevant date
My h1: valid till march 2011
EAD expires: July 14, 2010

My wife's h1: expired Feb 25, 2010 (employee and wife both missed to renew)
Wife's EAD expires: July 14, 2010
You will notice from the dates above that my wife did not renew her h1 which expired in Feb 2010 thinking she doesn't need h1 anymore as she has EAD. Now, her EAD expires on July 14 and we just applied for EAD renewal (on June 16). It seems it takes 3 months to get renewed EAD. Does it mean that my wife is out of status after her current EAD expires on July 14? If yes, what is the way out.

She is not out of status since she has a pending I-485. However, once her EAD expires she cannot work until the EAD renewal is complete. She may have issues during I-485 approval for illegal work if she continues to work after expiry of EAD.

I would suggest requesting expedited EAD renewal service citing 'significant financial loss' due to loss of salary.

I am sure both of you have learnt your lesson about being careless about immigration status. Be on top of these things my friend. Good luck with EAD renewal.

mhathi
06-17-2010, 10:39 AM
Hi
Here are our relevant date
My h1: valid till march 2011
EAD expires: July 14, 2010

My wife's h1: expired Feb 25, 2010 (employee and wife both missed to renew)
Wife's EAD expires: July 14, 2010
You will notice from the dates above that my wife did not renew her h1 which expired in Feb 2010 thinking she doesn't need h1 anymore as she has EAD. Now, her EAD expires on July 14 and we just applied for EAD renewal (on June 16). It seems it takes 3 months to get renewed EAD. Does it mean that my wife is out of status after her current EAD expires on July 14? If yes, what is the way out.

Where did you file? and was it e-file or Paper? I e-filed my EAD application at TSC on May 20th and got CPO email on June 14th, Approval notice sent on June 16th. So that may be possible. I would also suggest you try and expedite EAD processing.

Suva
06-17-2010, 10:48 AM
Your wife's pending I-485 protects her from accrueing any unlawful stay here. So technically she is in status. But she cannot work till she receives her EAD.

gc_check
06-17-2010, 12:37 PM
Hi
Here are our relevant date
My h1: valid till march 2011
EAD expires: July 14, 2010

My wife's h1: expired Feb 25, 2010 (employee and wife both missed to renew)
Wife's EAD expires: July 14, 2010
You will notice from the dates above that my wife did not renew her h1 which expired in Feb 2010 thinking she doesn't need h1 anymore as she has EAD. Now, her EAD expires on July 14 and we just applied for EAD renewal (on June 16). It seems it takes 3 months to get renewed EAD. Does it mean that my wife is out of status after her current EAD expires on July 14? If yes, what is the way out.

You wife is not Out of Status since she is an AOS applicant, however she should have filed a new Form I-9 on Feb 25, 2010 stating using EAD for employment as the current I-9 expired with the H1B expiry. Check with the Attorney / HR if you can file a new one with past date. As this form is not filed with any office, the Employer need to retain them and if any audit, should show to USCIS. Still consult an attorney as well. Also apply for the EAD extension asap. If it is not approved by 7/14, she might have to take, leave without pay until the extension is received. You cannot work withoout EAD or appropriate work visa.