I-485 and others filed, waiting for EAD. Please suggest.

[Shamik1]

Hi All,
Thanks all Immihelp members for all informative posts and discussion.
I am in the 6th year of my H-1B that expires at the end of November 2011. I already have I-140 approved under EB1-EA category earlier this year. I have filed for I-485/I-131 and I-765 at the end of August 2011 at Texas Service Center and it is under initial review. The fingerprinting was done by the end of September 2011. As per USCIS site, its mentioned that the processing time for I-765/EAD is 3 months, which in my case will be end of November 2011. Since by H-1B expires its 6th year at the same time, and its possible that I will not get the EAD during that time (it might take couple of weeks or a month more), what will be my status? Will I be out of status? Of that I will be in status, stay in the US and will not be able to work till I get the EAD? Also, will I be able to renew my state ID? Please suggest.
I am also thinking about extending my H-1B for the time that I spent outside the US during my H-1B (around 40 days) so as to get little more time for my EAD to arrive. Is it fine?
Thanks.

Shamik.

[demedja]

I think you're cutting it too close. CIS may take a few weeks to process your case or they may take months. If I were you I would not chance it that I might get through with these documents before the H-1B visa expires. Get an infopass and go to talk to an IO to find out exactly what your options are BEFORE your visa expires.

[Shamik1]

I-485 and others filed, waiting for EAD. Please suggest.

Hi demedja,
Thanks for your suggestion. However, I have a question regarding taking infopass- the 90 days filing period of my EAD is not yet over, it will be by the end of this month and thats when my H-1B expires. Can I file infopass before the 90 days post-filing period? I have already filed/ almost in the process of filing for an extension of my H-1B for the time I was out of the country (40 days).
Don't you think that it will buy me some time for the EAD to arrive? Hopefully it will arrive during that time.
My employment will remain vaild till I hear about the 40 days extension?
And after the 90 days period, I can then file for infopass? Or should I file for infopass NOW?
Please let me know.
Thanks.

Shamik1

[demedja]

It really depends. What do processing times look like at your local CIS center? Are they on time? Many are, but some are backlogged. Also remember that CIS processes each case individually. Even if your processing center is up to date with processing times this doesn't necessarily mean that YOUR case will be completed within the usual time. The end of the month isn't that far away, and it will be even shorter because we lose a few days due to the Thanksgiving holidays. Have you looked up your case status online on the CIS website? Or did you call the 800 customer service number to get an update? Doing an infopass may not be absolutely necessary, but it won't hurt either.