EAD and H1-B both Expired, AOS/I-485 Pending - PLEASE HELP!!!!

[buzyranj]

Hello,

I might have committed the biggest mistake of my life and let this all slip without realizing, pure accident but it's happened. I have an AOS that's pending since Sept'07. My H-1B has expired, Nov 30th 2008 and my EAD expired Oct 24th 2008, and I didn't realised this had happened as I never needed to look at the documents.

What can I do? Do I have to leave the country? Can I file for a renewal of the EAD online and just wait it out till I get a new one?

Please help, I am lost and I can't get a hold of my lawyer to figure out what to do . PLEASE HELP!!!

Thanks in advance

[txh1b]

Stop working immediately, apply for EAD renewal.

You can choose to get back on H1b with H1b renewal as well. You were in parolee status since H1b expired. Only problem is you should not work past Nov 30th.

You are not in a huge mess other than some financial loss as you cannot work until you get the new EAD or a H1b renewed.

Talk to a lawyer.

[buzyranj]

Thanks, you're correct It seems. I finally heard from my lawyer. She said that I am cool with being in the country, I just cannot be on the payroll of any company. Sucks coz I was confident of getting an offer next week after 2 grueling interviews and now I'll look like a fool telling them that I didn't check the date on my EAD. Oh well, like they say, it could've been worse.

I don't think I can apply for a H-1B renewal as I used up 7+ yrs of H-1B already. Not sure if I can extend that or renew that or whatever. I guess there's any way around it other than to just apply and wait it out.

Thanks again

[txh1b]

Thanks, you're correct It seems.

It seems????

I don't think I can apply for a H-1B renewal as I used up 7+ yrs of H-1B already. Not sure if I can extend that or renew that or whatever. I guess there's any way around it other than to just apply and wait it out.

Your employer can apply for H1b extension if you have an approved I140 for 3 years and if your PD is not current. If not, they can apply for 1 year extension provided your labor was filed 365 days prior to H1b expiration. You lawyer should know this.

[buzyranj]

Your employer can apply for H1b extension if you have an approved I140 for 3 years and if your PD is not current. If not, they can apply for 1 year extension provided your labor was filed 365 days prior to H1b expiration. You lawyer should know this.

Thanks txh1b for those little gems of immigration law. However, The first one doesn't apply to me as my I140 only got approved in Aug'07, but the 2nd one does apply since my I140 has a recd. date of Aug 25th 2006, so maybe I need to renew my H-1B for a year. BUT here's my question, I don't see the point of renewing h-1b for One year if I am going to apply for an EAD which will give me a year only also. EAD is a much nicer thing to have right? coz it lets me work for more employers while holding my current job, which is what I want to do. If I could get a 3-yr renewal on my H-1B then I'd apply for it I reckon.

What do you think?

Thanks again in advance

[txh1b]

Irrespective of when the I140 is approved, one qualifies for a 3 year extension if the PD is not current. I think you got it wrong from my earlier post from the way I worded my sentence.

[buzyranj]

Wow, this is turned out quite the crazy series of events all of a sudden. All of a sudden I am having to apply for ALL the stuff that I thought I wouldn't have to worry about anymore, the H-1B, the AP, the EAD etc. How much money does one need to spend on this crap. Sheesh! Anyway, I will talk to my lawyer and see what she says about all of this and what I should or don't need to apply for at the current time. I wonder why she didn't suggest or ask if I would like to go for the H-1B renewal. Also, I'm an australian citizen, but born in India. I am wondering if I could go on that E-3 or whatever new visa category that they created for australian citizens and if that would be better than doing all of this BS. Do you know anything about that?

Thanks again