Urgent Help Please
Hi,
I have been in US since Oct 28 2000 on H1B and got married in Apr 2004 to a US Citizen. In July 2005, my case for GC was filed along with I-765 for EAD (in August). But the EAD was stuck for more than an year. Then on July 31 2006, my attorney advised me to file another I-765 application.
My H1 is expiring on Oct 28 2006 and there is no sign of my GC (background check stuck while case has been approved) or my EAD (can take another 1-3 mos).
What are my options at this point of time. I have filed for extension on my H1 based on my time outside US which can get me extension till Jan 2007. I applied for that on Aug 17 2006 (filed on Aug 28 2006) and they say it usually takes 30-45 days for the extension to be granted.
I am in potential danger of being out of status on the upcoming October 28th.
Please Please help me with this. Any and all suggestions will be welcome.
I am in potential danger of being out of status on the upcoming October 28th. No danger at all. First off, the pending I-485 keeps you in status. Second, the timely-filed H1 extension preserves your work authorization for 240 days after the original H1 expires.
Am i glad you are a moderator. Thanks
Do I need to do anything to keep myself in status? The 240 days extension, is it given by default. How does it all work? My drivers license is valid till Jan 07. How can i extend the expiration date on that (based on what document)?
You will remain in status as you filed AOS. The only way you will become "out of status" is if your H-1B expires and they deny your AOS petition (i.e. worst case scenario).
As for getting a new drivers license, youll need either your EAD or your H-1B approval notice, but this depends on which state you are in, so check with your local DMV.