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mattresscoil
09-30-2010, 02:24 PM
Background:
I am a July 2007 Fiasco filer and have been working for the same company that sponsored my H1B, Labor for GC and I-140.
I recently applied for EAD renewal and am not sure if it will come in time.

Question 1:
My H1B expires this month end and will filing for extension have any effect on my I-485?


Reason I ask this question:
Please note that after I received my EAD (2.5 yrs back), My employer shifted me onto EAD even though I had a Valid H1B to use. I had a new client location to work on and so I moved on (same employer though). Since I was working on EAD, My employer did not think it was necessary to amend my LCA for the H1B due to the work location change.

Question 2:
Considering the above scenario, does it make sense to file for H1B extension (is it valid)? I ask because if the EAD renewal does not come in time, I can continue working on H1B after I get the H1B extension case receipt number.

What I hear:
Most of my friends state that once you start working on EAD irrespective of the same or any other employer, you have given up your H1B status. I (and spouse) used AP to travel back making it even stronger that I have given up H1B status. Also the H1B LCA was never amended to make it a valid H1B anymore to request an extension.

If H1B extension is out of picture, my last resort is to stop working after my current EAD expires and resume after the new one arrives.

Can some one read and let me know my options.

Thanks, Mattresscoil!!

veritas1
10-16-2010, 11:33 PM
Check with an attorney to see if you can file an amended petition requesting extension of status. That may give you 240 days of work authorization after your current I94 expires but it may be an issue since the material change occurred a long time ago. It may not be an issue since you were working on EAD at the time...

mattresscoil
10-18-2010, 09:39 AM
Check with an attorney to see if you can file an amended petition requesting extension of status. That may give you 240 days of work authorization after your current I94 expires but it may be an issue since the material change occurred a long time ago. It may not be an issue since you were working on EAD at the time...
Thanks for your response Veritas1
I got my EAD card production email. HR does not want to get involved in the H1B hassle.
I have no choice but to keep extending my EAD and AP all along till we get our GC's. We just have to be cautious and ensure that the renewal petitions reach them on day 120!!

Best wishes, Mattresscoil!!