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Gap between H1-B and EAD

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  • Gap between H1-B and EAD

    I found in the following statement in this website under EAD section:
    "If the non-immigrant visa status is expiring after filing adjustment of status application and before receiving EAD, the person can still work but the employer may be fined by allowing unauthorized person to work."

    Then here is the scenario:
    1. Person A has valid H1-B until Oct 05 but I-94 expired on Aug 04
    2. Person A files for Adjustment of Status (I-140/I-485) on Jul 04
    3. Person A gets EAD on Sept 04
    4. Person A continues to work during the months of Jul, Aug, Setp 04

    Then my question is between Aug and Sept since the non-immigrant visa has expired because I-94 expired but does not have EAD on hand yet, will that cause Person A to have perfomed "unauthorized work" and have an adverse effect on AOS? How should one interpret the above statement in this scenario?

    Thanks!!

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