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H1-B expired, current EAD about to expire, new EAD not received. Can I re-apply H-1B?

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  • H1-B expired, current EAD about to expire, new EAD not received. Can I re-apply H-1B?

    I am in a really difficult situation right now. My H-1B expired in August, and at that time I decided to fall back on EAD. However my current EAD is about to expire in four days and I have not yet received the new EAD. It was 100% my fault to naively believe that the EAD renewal will be approved in two months time. I regret this everyday now.

    I called USCIS to put in a request to expedite the EAD renewal, but it's not likely that it will happen any time soon. My employer will take me off payroll in four days and I will be out of a job. My question is this, can my company file a new H-1B or an extension for me even though my H-1B expired two months ago? I am out of options and I really don't want to be out of a job in the current economy.

    Your suggestions are highly appreciated!

    Elaine

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