Expiring H1B - waiting on EAD (and AOS)

[greencardinaz 0]

I'm a June AOS filer, currently working in the US on an H1-b. H1-B expires 8/22 and unless some miracle happens, it doesn't look like the EAD approval will arrive in time. I knew we were cutting it close, but we were super optimistic...

AOS is through marriage (we've been married for 2 years, but a bit slow on getting our paperwork in.....clearly! )

I've got no plans to change employers, so do I just need to stop working between 8/22 & until the EAD approval arrives? I'm assuming because the AOS is pending I don't need to leave the country? Any thoughts?

Thanks!

Edited August 5, 2008 by greencardinaz

[YuAndDan 153]

It is up to the employer to verify if you are able to work or not.

[greencardinaz 0]

It is up to the employer to verify if you are able to work or not.

Cute reply.

I'm not worried about my employer. They aren't paying for the AOS, so they can deal.

I just don't want to do anything that would jeopardize my own status.......employers don't get penalized like an individual breaking the rules does. I have an american child (not to mention an american husband) & couldn't handle being kicked out of the country!

[Old Dominion 26]

It is up to the employer to verify if you are able to work or not.

Cute reply.

I'm not worried about my employer. They aren't paying for the AOS, so they can deal.

I just don't want to do anything that would jeopardize my own status.......employers don't get penalized like an individual breaking the rules does. I have an american child (not to mention an american husband) & couldn't handle being kicked out of the country!

Gotta allow at least 60 days after you filed for the EAD for USCIS to act...to be on the safe side, if you don't need the income, quit and wait till it's all legal.

[greencardinaz 0]

It is up to the employer to verify if you are able to work or not.

Cute reply.

I'm not worried about my employer. They aren't paying for the AOS, so they can deal.

I just don't want to do anything that would jeopardize my own status.......employers don't get penalized like an individual breaking the rules does. I have an american child (not to mention an american husband) & couldn't handle being kicked out of the country!

Gotta allow at least 60 days after you filed for the EAD for USCIS to act...to be on the safe side, if you don't need the income, quit and wait till it's all legal.

Thanks, thats what I was thinking. Employer is aware of the situation, and we'll take a wait and see approach if it arrives in time, if not, I'll become a non-employee.

Edited August 6, 2008 by greencardinaz

[Rosie74 0]

I will be in the same situation very soon.. I will be filing for AOS in october (I have to leave for a trip out of the Country in September) and my L1 work visa will expire 4 months after that. I was thinking to talk to my employer and ask them if in case my EAD doesn't arrive on time I can just quit and re-start after I'm legally allowed to work again..

Good luck to us both!

[sweetpiano 0]

I think you're on the right track - it seems your employer is willing to understand and accommodate your situation. A possible solution would be to continue working but without being paid and thus not part of your employer's payroll. When the EAD comes through, you are re-employed and you have just suddenly got a "bonus" (back-pay for the period when you were not paid). Of course, your employer has to agree to this, there might be some tax implications for them, see what they say.

[tanyaru 3]

You should take a vacation while waiting for your EAD to arrive

So techncally you are not working but still getting payed!

This was just a thought, I really don`t know about legal side of it.