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JenniCheng

Anyone try to expedite EAD when you are with H1 status?

By JenniCheng in Adjustment of Status from Work, Student, & Tourist Visas

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JenniCheng Rookie

JenniCheng   1

Posted
Filed: H-1B Visa Country: China
 Timeline
Posted

Hello,

 

I'm trying to expedite my EAD, already contacted USCIS, waiting for review.

Background is, I'm working under original H1 visa, already filed an extension application, still pending. H1 expires in August, but based on the pending extension, I can work up to 240 days. 

I'm trying to get my company to provide a letter, but company's lawyer questioned that, why I need to expedite my EAD, since I can work under a pending H1 extension. 

I'm kinda lost here, anyone has similar experience?

 

Thank you.

arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

Isn’t your employer correct?

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

In that case you cannot work till you get EAD. Anyway what if H1 extension gets denied can also be compared to what if AOS gets denied. You don’t have financial loss reason for the expedite imo.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

JenniCheng Rookie

JenniCheng   1

Posted
Filed: H-1B Visa Country: China
 Timeline
  • Author
Posted
6 minutes ago, arken said:

In that case you cannot work till you get EAD. Anyway what if H1 extension gets denied can also be compared to what if AOS gets denied. You don’t have financial loss reason for the expedite imo.

Yes, it's a dilemma now....

I'm trying to use family financial loss reason, if no can do, I guess I can only wait until my H1 extension result comes out. 

Boiler Grand Master

Boiler   46,202

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Unless I have missed something you do not have any.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

JenniCheng Rookie

JenniCheng   1

Posted
Filed: H-1B Visa Country: China
 Timeline
  • Author
Posted
14 minutes ago, Boiler said:

Unless I have missed something you do not have any.

I do not have any what?

I guess my request is based on an assumption that my H1 extension will be denied. Cuz once denied, I need to stop working immediately, and definitely not enough time to expedite my EAD without leaving my job in that scenario.

Currently H1 extension processing time is 5.5-7.5 Months, while EAD processing time is 6.5-8.5 Months. So I'm kinda like waiting to see which one comes first

 
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