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dsdeena · Jun 16, 2010, 01:10 AM

Hi, I would appreciate some advice and help from the community here:

My H1b expires on July-30th next month and that will complete my 6 years of H1b. My employer applied for my green card under EB1 category and my I-140 got approved couple of months back and the priority date is current.

Now my I-485, and EAD application are pending since last 40 days (applied on May 5th) and we are hoping that we will get the EAD soon.

In case I don't get my EAD before July 30. What options do I have in my hand until I get my EAD?

I have about 40 days of recapture time that I can use to extend my H1b (that should extend it until Sept 10th, but apart from that are there any other options for me to not get out of status in case I don't get my EAD?

Also, any ideas on how long does it take to get the EAD with my circumstances (EB1 with current PD)?

Please advise folks..

Thanks.

NYcityboy · Jun 16, 2010, 08:36 AM

The standard processing time is 90 days for an EAD.

You can try to contact the office where the EAD was filed and ask for an expedited processing based on hardship. Better to check with local immigration attorneys so see if they can contact the AILA liaison to request an expedite based on hardship. Good luck.

dsdeena · Jun 16, 2010, 09:18 PM

Thanks for the response and suggestion NYcityboy. You mention that I should check with local attorneys and ask them to contact the AILA liaison; can I ask my attorney who filed my application about this? And why through AILA?

One more question, in case if the EAD takes longer, do I have to leave the country or can I stay (ofcourse without work/job) in the country until a decision is made on the EAD?

NYcityboy · Jun 17, 2010, 07:18 AM

Ask your attorney, as he is the one that can access the AILA liaison. This is an arrangement between the USCIS and AILA.

As you have the I-485 filed, you are "in status" as an applicant for permanent residence. But you will not have valid work authorization. For you to maintain your valid status, you will need to stop working at the expiration of your H-1B and be able to document that in case you are scheduled for an interview and the officer is very detailed. Please note that even if you work without authorization, check with your attorney on the applicability of section 245(k), which allows employment-based applicants for PR, up to 180 days of unauthorized employment and still qualify for PR.

You can always have the company file the recapture H, as well. I hope this was helpful. Good luck.