H1B / EAD - Urgent!

[michael3771]

Hi:

I am currently on an H1-B which expires on 09/30/11. I have filed for the EAD about two weeks ago and received notice that it is processing. From what I have heard, it takes 90 days for the EAD to be approved; my estimate is for November. Can I stay employed or will I have to leave my job for the time being until my EAD is approved?

Thank You!

[kabkaba]

Unfortunately you will have to stop working after your I-94 expires. EAD application or pending I-485 in itself does not grant any permission to remain in the US. Further your dependents in H4 status if any will be out of status. Consult an experienced immigration attorney and if possible have your employer file an H1 extension.

[michael3771]

Thank You for your reply!

My H1B is at the end of the line; so can't extend it any longer. I got married 4 months ago and all the papers are processing; so is the EAD. My attorney said that I can't leave the country as long as the adjustment of status is processing. This means that I would have to stop working and can continue employment after the EAD is granted? Or are there special regulations because of my Adjustment of Status? My attorney wasn't that clear on this matter; he suggested that I can work for the time being.

[kabkaba]

You will have to wait for EAD or GC to start working. Your employer may however reclaim any time that you may have spent abroad in your 6 year limit.