Immigration Site

Hi All,

I have been reading the posts of this Forum for a while.
Its really great and informative for any immigration issues.

I am in H1B VISA for last four and half years and it is going to expire in Jan 01, 2005. As per law, I could extend it for another one and half year. Last month my husband got his LC approval. On Nov 10th, 2004(last week), we both applied for I140 and I485(concurrent filing) through my husbands employer.

Currently I am working with the same employeer of my husband. I may not get my EAD befoer Jan 01, 2005. Do I need to apply for my H1B extension?

I would appreciate the expert advise in this matter.

Regards,
Mamata

Q: Do I need to apply for my H1B extension?
A: Yes. You need either H1 or EAD to work.

You do need either your H1 or EAD to keep on working.
But its not a good idea to extend H1 while AOS which is of a higher rank is already pending. Better wait for EAD, if you dont get it, go to the local office and get an interim EAD after the 90 days period.
And further if you do decide to extend H1 it will probably take more time compared to the time you have to wait for EAD. So its not wothy.
Good luck.

Hi NBC_June04/usnycus,

It was nice to get your reply. Thanks a lot for your quick response.
I really appreciate it!!!

I am still worried about it. Please clear the following:

My H1B will expire on Jan 01,2005. Since I have applied for I140 and I485 on second week of november 2004, I may get my EAD in second or third week of FEB 2005, which is approximately 90 days.

If I apply for H1B extension before Jan 01,2005, I am eligible to continue working on the same job even if I dont get the EAD or receipt of the extension.

I am really worried about the gap between the date of H1B expiration(Jan 1, 2005) and receipt of EAD(may be second or third week of FEB).

Is there any problem, If I continue working for that period in my current job, even if I dont have EAD and I have not applied for H1B extension?

FYI: My husband and I are working in the same company. The company has originally applied for my husband and after labour, it added my papars for I140 and I485.

Thanks in advance.