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EAD to H1B

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  • EAD to H1B

    Hello friends:

    I had applied for my EAD renewal on April 16 2007 and my EAD is expiring on Aug 31(next Friday). There is still no news on my EAD. I had scheduled 2 Infopass appointments - The only thing the officer told me was that he will send an email to California processing center where my application is getting processed but still, those guys did not take his emails seriously.

    Meanwhile, my employer is filing for my H1B through premium processing. Today, my attorney told me to schedule appointment in Toronto or Ottawa for visa stamping for 2nd week of September. Meanwhile, another attorney whom I know from outside told me that "if my application is handled properly, the petition approval should include an "extension" of H-1B status, which should effectively putting you back into H-1B status. You would only need to travel abroad to apply for an H-1B visa sticker, if the petition does not include the status grant".

    Since there are no appointments available online for the next 6 weeks and also since I am nearing my last trimester of pregnancy, I am trying to avoid this unnecessary travel to Canada.

    The questions are :-

    1) Am I eligible for extension of status though my current status is "Ajustment Status Pending" ? I entered U.S. last time through my Parole, so my I94 status reflects "AOS".

    2) If at all, I have to get my visa stamped, how quickly should I get it stamped ? If I try this Monday, I maybe able to get an appointment for Oct 2nd week but can I continue to work till then using my approval notice ?

    Please help !

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