QUESTION
What happens if H1B expires a month before EAD will be received?
Asked on Oct 10th, 2014 on Labor and Employment - Texas
More details to this question:
My H1B expires end of October, 2014.Adjustment of status (I-485) and Employment Authorization (I-765) applications have been filed together for me by my current employer - USCIS receipt notice Received Date is Aug-25, 2014. So it is likely I'll receive my EAD in November, 2014 (assuming EAD takes 3 months to process). My employer would like to avoid paying for H1B extension. In that case it is going to be about 1 month gap between H1B expiration date and before I receive EAD. I'm going to stay with my current employer and the employer would like me to stay. Is there any legal options to achieve that without extending my H1B? Thank you for advice!
2 ANSWERS
I do not answer immigration questions now nothing about that.
Answered on Oct 13th, 2014 at 1:17 AM
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You will not have work authorization between the H-1B expiration date and the receipt of the EAD, so you will not be able to work during that time. If you file an H-1B extension, however, you would be work authorized during the gap.
Answered on Oct 10th, 2014 at 3:14 PM