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Self-filing, documents, forms, directions, mailing. Self-filing, documents, forms, directions, mailing.

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  #1  
Old 07-02-2010, 08:38 AM
rweworld1 rweworld1 is offline
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Default Can I work while waiting for EAD renewal?

Hi,

I have filed for my EAD renewal on May 12 and still waiting for my EAD. My current EAD is getting expire by Jul 10. Can I continue working based on my receipt for EAD renewal?

I have my H1B until 2012 but when i last entered into US I used my AP. So in this case can I switch back to H1b?

Thanks in Advance,

R
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  #2  
Old 07-02-2010, 08:49 AM
gbof gbof is offline
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Default

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Originally Posted by rweworld1 View Post
Hi,

I have filed for my EAD renewal on May 12 and still waiting for my EAD. My current EAD is getting expire by Jul 10. Can I continue working based on my receipt for EAD renewal?

I have my H1B until 2012 but when i last entered into US I used my AP. So in this case can I switch back to H1b?

Thanks in Advance,

R
If you have never ever used EAD and your H1B is valid until 2012, you can continue to work with the same employer. Your H1B is invalid only if you have switched to EAD status.
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  #3  
Old 07-02-2010, 08:59 AM
GCHope2011 GCHope2011 is offline
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Quote:
Originally Posted by rweworld1 View Post
Hi,

I have filed for my EAD renewal on May 12 and still waiting for my EAD. My current EAD is getting expire by Jul 10. Can I continue working based on my receipt for EAD renewal?

I have my H1B until 2012 but when i last entered into US I used my AP. So in this case can I switch back to H1b?

Thanks in Advance,

R
No. You cannot work after your current EAD expires. Your new EAD (whenever it is approved) will not have the start date continuous after the expiry, so if you work during the gap, then it will be unauthorized.

Also, if you have changed your I-9 with your employer, for it to be based on EAD, then you cannot switch back to H1B.

This is my "understanding" - not a lawyer advice.
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  #4  
Old 07-02-2010, 09:20 AM
sparklinks sparklinks is offline
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Default Nope

Straight answer is NO, you cannot work when EAD expires
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  #5  
Old 07-02-2010, 09:48 AM
redgreen redgreen is offline
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Default

You can continue to work even if your EAD is not yet with you but applied before the expiry of the previous EAD. If your application is denied then you have to stop working.
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  #6  
Old 07-02-2010, 09:57 AM
samswas samswas is offline
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Originally Posted by redgreen View Post
You can continue to work even if your EAD is not yet with you but applied before the expiry of the previous EAD. If your application is denied then you have to stop working.
This is not true. You can not work with receipt notice on EAD. You have to have an approved EAD. This is my understanding.

If have not changed your employer and never changed I-9 to use EAD before, you can continue to work on H1B, even after using AP to re-enter.
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  #7  
Old 07-02-2010, 10:15 AM
GCHope2011 GCHope2011 is offline
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Default

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Originally Posted by redgreen View Post
You can continue to work even if your EAD is not yet with you but applied before the expiry of the previous EAD. If your application is denied then you have to stop working.
Not true. If you are currently using EAD, you cannot continue to work after your previous EAD has expired and until your new EAD's start date. Pending application for EAD is just that - "a pending application" - it is not an authorization to work.
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  #8  
Old 07-02-2010, 11:13 AM
a_matha a_matha is offline
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Default Yes You can work

245(k) provision lets you work provided you meet the requirments, read this memo.

http://www.uscis.gov/files/nativedoc...k)_14Jul08.pdf
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  #9  
Old 07-02-2010, 01:35 PM
rweworld1 rweworld1 is offline
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Default

Thanks for reply.... getting confuse with mix replies...

Let me give some more info..

I have never used my I-9 for EAD continuously using my H1B but used my AP when entered into US. Is use of AP automatically state that I'm on EAD now?

Thanks for your replies..

R
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  #10  
Old 07-02-2010, 01:40 PM
Caliber Caliber is offline
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Default

Quote:
Originally Posted by rweworld1 View Post
I have never used my I-9 for EAD continuously using my H1B but used my AP when entered into US. Is use of AP automatically state that I'm on EAD now?
AP and EAD are completely different things. If you have never changed your I-9, that means you never used EAD. So, you are always on H1. You never needed EAD and just renewed just for safety.

So do not worry at all for EAD. You are still in H1 though you came on AP.
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  #11  
Old 07-02-2010, 02:55 PM
joydiptac joydiptac is offline
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Default Seek legal advice

Quote:
Originally Posted by Caliber View Post
AP and EAD are completely different things. If you have never changed your I-9, that means you never used EAD. So, you are always on H1. You never needed EAD and just renewed just for safety.

So do not worry at all for EAD. You are still in H1 though you came on AP.
Seek legal advice. Even though we all think we know the law we are clearly not the experts.

From what I know which is different from above: You are working on H1 only if you came in on H1. If you came in on AP you are not using your H1 hence you entered as a parolee not a non-immigrant visa holder. You cannot change status to h1 unless you go out and come back on your H1. Which could be an option for you since you have a valid H1. If you came in on AP your only choice is to work on EAD.
You dont want to have unauthorized work on your records. That's a big no no.
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  #12  
Old 07-02-2010, 03:20 PM
Caliber Caliber is offline
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Quote:
Originally Posted by joydiptac View Post
You are working on H1 only if you came in on H1.
This is not correct
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  #13  
Old 07-02-2010, 03:27 PM
samswas samswas is offline
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Quote:
Originally Posted by joydiptac View Post
You are working on H1 only if you came in on H1. If you came in on AP you are not using your H1 hence you entered as a parolee not a non-immigrant visa holder.
Depends on whom your talking to. My attorney asked me to fill I-9 form (this is company attorney) and I saw people working on H1B after using AP.

Please consult an attorney

Last edited by samswas; 07-02-2010 at 03:37 PM.
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  #14  
Old 07-02-2010, 03:48 PM
capriol capriol is offline
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Default question--AP renewal possible in this scenario

Hi Friends,
I have a question for you--i.e., if my AP renewal will be possible in this situation?

My current H1 status is expiring in September 2011. I have no H1B stamped on my visa and is currently traveling with AP (because of pending 485). My current AP is from June 2010-June 2011. My employer will apply for the extension of my H1 status prior ro September 2011. Now, here is my question:

I am expecting to send my AP for another renewal prior to June 2011. One of the documents needed for this renewal is my current work status, in my case my H1B status.
Given that my current H1B status will almost be close to its expiry date in June 2011, what should I do about the AP renewal in June 2011?

Please advise if (1) I should wait for my employer to renew the H1B after September 2011and then apply for the AP renewal in June 2011? (2) Or, can I apply for the AP renewal in June 2011 with the H1B status almost close to ending? If I take the second route, can my AP renewal be rejected on grounds that my H1B status is almost coming to an end.
Please let me know.
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  #15  
Old 07-02-2010, 03:53 PM
Caliber Caliber is offline
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Originally Posted by capriol View Post
Given that my current H1B status will almost be close to its expiry date in June 2011, what should I do about the AP renewal in June 2011?
AP is renewed on the basis of Pending 485 status and NOT H1. When you or your attorney apply (applied earlier) for AP, you will mention 485 pending status.

So H1 has nothing to do with AP.
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