EAD urgent help please.

[Enjy]

Hi All,
My H1B expires in Sept 2010. I filed I-485 (DV lottery 2011). When I got the mail that I am selectee, I went(in May 2010) to the local USCIC office and they told me that I can file from then till Sept 2011. I filed I-485, I-765, I-131, I-864, G-325 all together.
I got my notice for EAD, went for biometrics, and was told I will get my EAD in 90 days..which falls just about the time my H1B expires(Currently, 30 days has passed..remaining 60 days to go)

Well...I went for the interview July 15th( I-485) and it did not go well. I was told I filed too early. Apparently I needed to file between Oct 2010 and Sept. 2011. She gave me two options..either withdraw or she will deny my I-485. She said since it was not filed in the same fiscal year, she couldn't leave it open.
I asked how the two options(withdrawal or denial) will affect my getting my EAD she said she does not know. But she thinks it shouldn't. She thinks maybe denial will affect it, but withdrawal will not. So I choose to withdraw.

I then went to the information window to see if I can expedite the receipt of the EAD card, and the lady at the window said I could send a letter asking for that using the address on the EAD notice I got. S
So, I am confused. What do you think I should do? helpppp pleaseeeee.

Thanks in advance

[aaydrian]

Not a problem

You did a right thing by withdrawing as with DV a denial can be problematic. When does your H1 expire, if it is end of Sept 2010 you dont have a problem, as you have 30 days from the end of your H1 to leave the country or change status. so in that senario you can file by Oct and thats ok.

But if you want to be really on the safe side, either extend your h1 or enroll in any course for GRE or GMAT, vocational course etc and that should be ok.

When you file for AOS you dont need any status.

As for the EAD please withdraw that too by writing to the USCIS, your h1 should not be in any problem. just don't fall out of status before you file AOS

[txh1b]

You did a right thing by withdrawing as with DV a denial can be problematic. When does your H1 expire, if it is end of Sept 2010 you dont have a problem, as you have 30 days from the end of your H1 to leave the country or change status. so in that senario you can file by Oct and thats ok.

But if you want to be really on the safe side, either extend your h1 or enroll in any course for GRE or GMAT, vocational course etc and that should be ok.

When you file for AOS you dont need any status.

As for the EAD please withdraw that too by writing to the USCIS, your h1 should not be in any problem. just don't fall out of status before you file AOS

There is no 30 day grace period after the H1b completion to leave the country or change status.

[txh1b]

Hi All,
My H1B expires in Sept 2010. I filed I-485 (DV lottery 2011). When I got the mail that I am selectee, I went(in May 2010) to the local USCIC office and they told me that I can file from then till Sept 2011. I filed I-485, I-765, I-131, I-864, G-325 all together.
I got my notice for EAD, went for biometrics, and was told I will get my EAD in 90 days..which falls just about the time my H1B expires(Currently, 30 days has passed..remaining 60 days to go)

Well...I went for the interview July 15th( I-485) and it did not go well. I was told I filed too early. Apparently I needed to file between Oct 2010 and Sept. 2011. She gave me two options..either withdraw or she will deny my I-485. She said since it was not filed in the same fiscal year, she couldn't leave it open.
I asked how the two options(withdrawal or denial) will affect my getting my EAD she said she does not know. But she thinks it shouldn't. She thinks maybe denial will affect it, but withdrawal will not. So I choose to withdraw.

I then went to the information window to see if I can expedite the receipt of the EAD card, and the lady at the window said I could send a letter asking for that using the address on the EAD notice I got. S
So, I am confused. What do you think I should do? helpppp pleaseeeee.

Thanks in advance

As your EAD filing was based on a pending 485, you will not be eligible to get the EAD. If your H1b expires on Sep 30, if you file the 485 in such a way that it reaches USCIS on Oct 1st, then you would not have a status violation as a pending 485 applicant. However, you cannot work until the EAD is approved. As an alternative, if you can extend H1b, that is fine.

Going with a F1/student option as someone else suggested will not work for you as you are a potential immigrant which you exhibited by applying for a DV. One cannot be a potential immigrant to file for a F1 COS.


Talk to an attorney to evaluate options.

[Enjy]

Thanks for your responses. My H1B expires Sept 12th. That means I may be out of status(since filing for Adjustment depends on the avaliability of numbers..my number is about 3600).

How can I renew my H1B since my company has refused to do it?

I plan on filing I-140 this week.Should I also file another EAD or am I covered by the first(since I have not heard from them?

Thanks so much for all your help

[Enjy]

Hi All,
I have filed a concurrent I-140, I-485 and I-765 this past week. I requested for expedite. Can someone give me an idea of when I will hear from them? I filed my I-140 based on NIW.

Thanks