Gap between H1-B and EAD; Can I work?

[mimmil 0]

Hi everyone!

I have a question about the AOS/EAD process. I am currently on a H1-B visa that will expire on January 19th, 2014 (in 6 days!). I filed the I485, I130, I131, 1765 all at the same time on November 19th, 2013.

Completed my biometrics appointment almost 2 weeks early. Seems like I am on track to receive notice on time "Based on timeline data, your EAD may be adjudicated between January 22, 2014 and January 26, 2014*."

I know I won't have a problem staying in the country, but the question is: IF I dont get my EAD card before the H1B expires - Am I able to continue on working at my current job, or will I have to go on a leave of absence/get terminated while waiting?

If anyone has any insight about this please share! I'd appreciate it!

Mimmi

[Hypnos 6,576]

No, you will not have employment authorisation once your H-1B expires. You would need to take an (unpaid) leave of absence once your H-1B expires until you receive your EAD, at which point you can resume your employment.

[aussie_jason 195]

No, you will not have employment authorisation once your H-1B expires. You would need to take an (unpaid) leave of absence once your H-1B expires until you receive your EAD, at which point you can resume your employment.

Have you been through a similar process to that or read of any others? I've been searching for details on almost that exact same scenario except I'm on an E-3, which isn't dual intent like the H-1B. Technically on the H-1B if you haven't exceeded the max period (6 years I think?) then your company should be able to renew it via in country processing, you just wouldn't be able to travel on it but that is more a question for your company's lawyers than an internet forum.

I'm just hoping the worst case is that I can take an unpaid leave of absence from my job for the period between my E-3 expiring and receiving the EAD so I can maintain my employment status and not lose benefits like shares that are due to vest later in the year. I just want to be informed if/when it comes to having that conversation with HR so has anyone had any experience with that?

[Hypnos 6,576]

I can't imagine it's going to be much / any different than it is on another visa; you would just need to have an unpaid leave of absence if your work authorisation expired until you had the EAD in your hands.

[Sone 0]

I agree with Hypnos. You need to have a valid work authorization to work. That is either H1B or EAD in your case.

As jason mentioned, you could get your H1B extended if you want to, so that you can keep working. If you file for an H1 extension, then you are authorized to work till the H1 extension get approved.

[mimmil 0]

I would be able to renew my H1-B without a problem, but since my greencard is due to go through pretty soon, I'd be wasting $1,000s of dollars renewing for only a month or so.. Is an extention something else?

[mamaderna1 0]

You can continue to work for 180 days after the expiration of an h1b. You will receive you ead card before that 180 days is up.