| Q. |
AOS TO H1 weird case (part 2)
i just realized this one..
my B2 i-94 expired feb 21, 2008 but denial notice was sent apr 23, 2008.. i read "out of status" starts after denial or i-94 w/c ever is last..
so between apr 23, 2008 to oct 1, 2008 less than 180 days.. that is why my COS was approved..
my AOS irrelevant because I see my LUD, they have not even touched my case..
what do you think?
if i get EAD by august and use it, it will cancel my h1 status on october 1, right?
User's Location:
houston, Texas, United States of America
Category:
Employment-based Green Card
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| A. |
Obtaining an EAD will not cancel your H-1B approval and validity start date of October 1. Many people in the 485 process obtain EADs even though they continue to work on approved H-1Bs.
Provide proof of your H-1B approval notice to your HR so that they know as of October 1, 2008 you will begin working under your H-1B status.
Regards, |
| |
Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Q. |
by october 1, 2008
if i both have ead and h1... same sponsoring company..
how will USCIS know i am working as h1 and not as EAD..
of course if they treat it as working using EAD,i'll become paroled
status, intead of h1 status.. |
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| A. |
Your H-1B becomes valid October 1, 2008. You simply use it for work purposes--you will need to show it to HR for their I-9 purposes.
An approved EAD either before or after H-1B approval does not negate the H-1B.
Regards, |
| |
Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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