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?
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.
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Yes, if you have a valid EAD.
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If you have EAD, you can. Otherwise, you cannot.
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As long as you have a valid EAD you are allowed to work.
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