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Entry on EAD while on H1B 221g

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  • Entry on EAD while on H1B 221g

    Hi Guys, really need your help on this one.

    - Appeared for H1B interview at Mumbai consulate on 5th Oct, 2010. Case under administrative processing 221g ever since (45 calender days complete).

    - Currently in India and have EAD card (STEM Extension) until Nov 2011. Do not have Advance Parole. Have current, valid F-1 Visa.

    - Working for fortune 500 company in US as an Engineer

    - SEVIS status shows "Completed" as per University. Thus change of status has taken place.

    - Both University and Attorrney have asked to wait until H1B comes through but my employer is getting restless.

    - Called DOS, they said H1B case is still "Pending"

    - Called USCIS and USCBP and explained the situation. They said you can enter even if status shows completed.

    - My plan is to enter using EAD card and F-1 Visa and return for H1B stamping when Admin Processing is completed.

    Can I go ahead with my plan? Please let me know.

    Thanks a ton!

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