QUESTION
Am I still allowed to work if my H1B expires before I recieve an EAD from my pending greencard application through marriage?
Asked on Jul 09th, 2018 on Immigration - New York
More details to this question:
I am currently on a H1B visa which will expire in a few months time. I have recently filed for a greencard through marriage and simultaneously submitted an i765 for work authorization. What happens if I do not receive a response about the EAD before my H1B expires? Am I allowed to continue to work or would I have to quit my job and not work in the period between my H1B expiring and receiving an EAD?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
On the circumstances as you describe, you would not have authorization to continue to work following the expiration of your H-1B and before you receive the EAD. You would have to stop work and not work between your H-1B expiration date and date of receiving the EAD. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Aug 05th, 2018 at 9:36 AM