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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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Old 02-26-2011, 01:16 PM
omnipresence omnipresence is offline
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Join Date: Sep 2010
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omnipresence is infamous around these parts omnipresence is infamous around these parts omnipresence is infamous around these parts omnipresence is infamous around these parts omnipresence is infamous around these parts
Default Filed H1B extension late (12 days late)

Here is my situation:

I94 expired on 2/12 and my H1b extension was filed on 2/24.

Both my EAD and AP are expired (getting them renewed now).

My 485 is pending status (PD is May 17th 2006).

My lawyer says he requested USCIS to use discretion to grant H1B extension (with extension of stay) even though its filed late. If USCIS does not agree, I need to leave the country to get visa stamped (for H1b) in which case my pending 485 application can get affected.

For that reason he doesnt recommend going that route if USCIS doesn't approve my H1B with extension of stay. He recommends to use my EAD to continue my work. My EAD is expired as well. Can I continue to work in this case (EAD pending renewal and H1b approved without extention of stay)?
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