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

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

Posted

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.khurgel.com -- Contact information below. Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance -- Khurgel Immigration Law Firm -- 4199 Campus Drive, Suite 550 / Irvine, CA 92612 / Office: (949) 509-6515 / Direct: (949) 535-6331 / Web: www.khurgel.com / Email: info@khurgel.com / *Attorney Khurgel is a former USCIS and Department of State Embassy Officer.

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4 comments

Asker

Posted

So what are the legal consequences if I continue to work between I-94 expiry and getting my EAD?

Jeff L. Khurgel

Jeff L. Khurgel

Posted

Well, assuming you're not protected under section 245i, you can be denied adjustment based on unauthorized employment, which would mean you would need to return to your home country to consular process the immigrant visa. Not the best option, to be sure.

Asker

Posted

But I went to USCIS office and they said their computer shows that I have valid H1-B till 2015. CBP says that I have valid I-94 only till next month. How will USCIS know my I-94 expires while their system thinks that I have visa till 2015. Thanks for your response.

Jeff L. Khurgel

Jeff L. Khurgel

Posted

Remember, what controls one's legal stay in the U.S. is their I-94 validity date, not H-1B visa. Don't count on USCIS not knowing your correct I-94 date. Talk to the attorney that filed your adjustment of status (or if you don't have one, contact one of us on here, we are available via Skype or phone) for further clarification.

Posted

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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

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

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Posted

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 not constitute legal advice. It does not create an attorney-client relationship.

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