work eligibility status based on EAD application and I-94 expiry

[shreyabrata]

Hi All,


I am on H1B/I-94 is expiring/maxing out on 23-Dec-2017. My employer is filing my GC on EB1 category by Oct-end and it includes EAD filing(I-765) along with I-140, I-485 and I-131 all happening concurrently. I have been told by my Law firm that EAD processing takes 3-5 months depending on the workload in USCIS & NSC. If my EAD card is not approved by 23-Dec-2017 but is in applied state with EAD receipt#, will it allow me to continue working for my CURRENT employer inside US? I wanted to understand my work status after expiry of my H1B as my EAD card may not be on hand by that time.


Anyone who has experienced a similar situation could kindly throw some light on the process in terms of Immigration status.


Regards,
Shreyabrata

[scientist2016]

Hi All,


I am on H1B/I-94 is expiring/maxing out on 23-Dec-2017. My employer is filing my GC on EB1 category by Oct-end and it includes EAD filing(I-765) along with I-140, I-485 and I-131 all happening concurrently. I have been told by my Law firm that EAD processing takes 3-5 months depending on the workload in USCIS & NSC. If my EAD card is not approved by 23-Dec-2017 but is in applied state with EAD receipt#, will it allow me to continue working for my CURRENT employer inside US? I wanted to understand my work status after expiry of my H1B as my EAD card may not be on hand by that time.


Anyone who has experienced a similar situation could kindly throw some light on the process in terms of Immigration status.


Regards,
Shreyabrata

No you cannot work even for your current employer. Only getting the EAD would allow you to work.

[shreyabrata]

H1B expiry and waiting for EAD

No you cannot work even for your current employer. Only getting the EAD would allow you to work.

Thanks for the reply, I have confirmed from attorney EAD is needed for continuing on work.
My HR is suggesting me to explore an alternative with attorney where they file my I-140 and allow me to leave to home country(India) and continue work at offshore, wait for I-140 approval, get H1B extension to re-enter US and complete remaining stages of GC(I-485, I-785 & I-131). It is longer than concurrent filing process but relieves me from pain of living in US without salary & medical benefits for 2-3 months and avoids the risk of leaving the country in middle that could jeopardize my I-485. Does this option sound better than the stretched situation I am subjected with?