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H1b and EAD

Santa Clara, CA |
Filed under: Immigration

I am on H1B . I applied for EAD extension ( i have pending I-485) .If I leave the job can I wait for EAD to get approve and stay with in country .

Attorney Answers 3

Posted

Only if the I-485 has been pending for at least 180 days AND you will be working full-time in the same or similar occupational classification as that for which the I-140 was filed.

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

My EAD expired last month .. I have filed for extension .

Posted

Hopefully, it has been at least 180 days since you filed the I-485. Then you can change jobs if your new job is in the same or a similar occupation.

Please click the link at the very bottom for additional information.

---------
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
https://shusterman.com/intake-secure.html
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
www.inmigracion-abogado.com (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Posted

Is the I-140 approved? Staying in the U.S. while I-485 is pending is OK.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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