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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4 lawyers agree
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.
If you have EAD, you can. Otherwise, you cannot.
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7 lawyers agree
As long as you have a valid EAD you are allowed to work.
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