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Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

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  #1  
Old 07-10-2010, 07:40 PM
Immqry Immqry is offline
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Default Wrong Validity Date on EAD

Hi,

I Applied for My EAD Renewal in May 2010.

I Just Received EAD Card which is valid from 10/17/10 to 10/16/12.

The validaity of EAD starts from 10/17/10 instead of Application Date.

I applied for EAD in May 2010, so I would assume that they will give me
EAD with the date it was filed.

The Last EAD that I had was valid from 10/17/07 to 10/16/08.

I did not renew my EAD after 10/16/08 because I had H-1B Valid until 9/13/10.

Now My H-1B Expires on 9/13/2010 And My EAD Starts from 10/17/10.

So there will be a gap from 9/13/10 to 10/17/10.

Should I send EAD back to them and get it corrected. ? or it is ok to have a gap.

Will they accept my request to change it to a earlier validity date like 8/1/10 or 10/17/09.

please advice.

Last edited by Immqry; 07-10-2010 at 07:43 PM.
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  #2  
Old 07-11-2010, 02:57 AM
kuttti kuttti is offline
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Default

Unfortunately, You cannot legally work between the period of 9/14 to 10/16 with your renewed EAD. I am not sure about the other options.

Though it doesnt help your cause, I could understand and explain (though it is obvious) why USCIS did start your EAD on 10/17

During 2008 Sep, Oct period (effect of july fiasco), people were loosing EAD periods just because they applied for renewal very early and there were complaints as we paid twice for those lost periods. So, USCIS started to respect the previous expiry period of the EAD. And that is why you have got 10/17 even though you didnt have a EAD for 2009/2010.

So, bottomline, USCIS may not agree at this case as their problem. But, you can try and ask for them to renew from 09/13, though they might ask you to pay 340 again.
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  #3  
Old 07-11-2010, 04:25 PM
Immqry Immqry is offline
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Default

Hi Kuttti,

Thanks for Your Reply.

I understand that I cannot legally work during 9/14 to 10/16.

But is it ok to Have Gap in employment ?


Immqry
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  #4  
Old 07-11-2010, 05:00 PM
Pagal Pagal is offline
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Hello,

Why not take unpaid leave between 09-14 and 10-16? This will keep you legal plus give you a little time-off outside US as a vacation... just my 2-cents...
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  #5  
Old 07-11-2010, 05:56 PM
yagw yagw is offline
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Default

Not sure what you mean by:
Quote:
Originally Posted by Pagal View Post
]"plus give you a little time-off outside US as a vacation.."
The OP doesn't have to go outside U.S to remain legal.


DISCLAIMER: I am not an Attorney and this is not a legal advice
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  #6  
Old 07-11-2010, 06:24 PM
Pagal Pagal is offline
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@ Yagw,

Your are right ... if OP has a valid AP. Otherwise, with expired H-1B, it may not be possible to stay put inside US...
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  #7  
Old 07-11-2010, 06:45 PM
yagw yagw is offline
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Quote:
Originally Posted by Pagal View Post
@ Yagw,

Your are right ... if OP has a valid AP. Otherwise, with expired H-1B, it may not be possible to stay put inside US...
Hi Pagal and OP,
My understanding is, he can stay within US legally during the gap, with expired H1B, if he uses his EAD to continue the employment after the gap. His legal status during the gap is AOS. Having or not having a valid AP doesn't change the status. He will lose his H1B status though.

DISCLAIMER: I am not an Attorney and this is not a legal advice

Last edited by yagw; 07-11-2010 at 06:53 PM. Reason: abt AP
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  #8  
Old 07-11-2010, 10:02 PM
acecupid acecupid is offline
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If I were you, I would take a vacation outside US if I had AP or take a vacation and stay within US and join work again once EAD becomes valid. Once you have applied for 485 you are legally allowed to stay in the US whether you have EAD/AP or not.

Check with your attorney if there are any other suitable options. Goodluck and hope things work out for you!
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