AOS Pending, valid H1-B visa but I-94 expires.. Can I continue to work?

Asked about 1 year ago - New York, NY

Hi,
I am on valid H1-B till 2015. I currently have family based I-130 and AOS pending with USCIS and my I-94 expires in a month - Sept, 2013 (because my old passport was expiring in sept, I have new passport now).

I have my finger prints next week and I think it will be another month or two before I get my EAD in hand.

I read that I can legally stay after Sept 10th even if I-94 expires, because of pending AOS.
Can I continue to work after sept 10th till the time I receive my EAD? Am I considered out of H1-B in that duration?

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    7

    Lawyers agree

    Answered . If you have EAD, you can. Otherwise, you cannot.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Alexus Paul Sham

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . As long as you have a valid EAD you are allowed to work.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does... more
  3. Jeff L. Khurgel

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . From the time your I-94 expires until the date of your EAD approval you cannot legally work. If you really need to work prior to EAD estimated receipt, ask your company's H-1B attorney to look into filing a premium processing extension of status. Best of luck.

    Immigration Attorney Jeff Khurgel* Assists Clients in all 50 States -- Call or email for a Consultation -- www.... more
  4. J Charles Ferrari

    Contributor Level 20

    5

    Lawyers agree

    Answered . Yes, if you have a valid EAD.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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