H1B Expiring soon and have new job offer. AoS application submitted. How should I proceed?

[justmarriedusciti 7]

I have submitted my AoS application on 09/23/19 as a "concurrent filing" petition under the immediate relative category (my wife is a USC). 

My current H1B will expire by end of October and I have been given a new job offer from a place I interviewed at. They sponsor H1Bs regularly. However I am currently on a cap exempt H1B and that is a for-profit company that files cap-subject H1Bs (which need to go through annual lottery). I am concerned about two things right now: Hopefully I will be sent the application received e-notification soon. 

 

1. How long do I have to wait for the EAD? I do not know which Service Center will be allocated to my I-765 application. But if I get that, my assumption is that I am free to work whereever I like, is that right?
2. How long do I have to wait for the Advance Parole Document? I have to travel to England for my sister's wedding in February 2020 and am not sure if I will have that AP document by then. 
3. Once my H1B expires later this year, and the H1B extension/transfer does not come in time, how do I start working if I don't have the EAD? 

[designguy 1,179]

3 minutes ago, justmarriedusciti said:

• How long do I have to wait for the EAD? I do not know which Service Center will be allocated to my I-765 application. But if I get that, my assumption is that I am free to work whereever I like, is that right?
• How long do I have to wait for the Advance Parole Document? I have to travel to England for my sister's wedding in February 2020 and am not sure if I will have that AP document by then. 
• Once my H1B expires later this year, and the H1B extension/transfer does not come in time, how do I start working if I don't have the EAD? 

1) It take about 6 month to receive AP/EAD card

2) 6 months. You could get lucky but processing times have slowed rather than gotten faster so its more unlikely than likely that you will have AP by then

3) If you don't have your EAD by the time your H1B status expires then you won't be eligible to work

[Boiler 45,516]

Hopefully you will have AP/EAD by the time of your Sisters wedding, presumably your new Employer is prepared to wait until you get EAD.

[Nouchigang 200]

On 9/26/2019 at 1:53 PM, justmarriedusciti said:

I have submitted my AoS application on 09/23/19 as a "concurrent filing" petition under the immediate relative category (my wife is a USC). 

My current H1B will expire by end of October and I have been given a new job offer from a place I interviewed at. They sponsor H1Bs regularly. However I am currently on a cap exempt H1B and that is a for-profit company that files cap-subject H1Bs (which need to go through annual lottery). I am concerned about two things right now: Hopefully I will be sent the application received e-notification soon. 

 

1. How long do I have to wait for the EAD? I do not know which Service Center will be allocated to my I-765 application. But if I get that, my assumption is that I am free to work whereever I like, is that right?
2. How long do I have to wait for the Advance Parole Document? I have to travel to England for my sister's wedding in February 2020 and am not sure if I will have that AP document by then. 
3. Once my H1B expires later this year, and the H1B extension/transfer does not come in time, how do I start working if I don't have the EAD? 

1. 5-6 months but you can try to expedite using your new job offer. Search and read  the post on VJ "expedite request  after fax " it has all the info on how to do it step by step and experiences from other. Please beware its a hit or miss so be ready for all possible outcomes

And yes you are free to work wherever you want once you get it

2. 5-6 months too, you can check processing times on USCIS website all EAD/AP are processed at the National Benefits Center (NBC)

3. If you dont receive the new EAD by the time your H1B then there is nothing you can do, you cannot work until you get the new EAD 

PS: You have to wait to get your fingerprints done before initiating the expedite request.

I am not sure if you still have to get them done since you already have a H1B. Hopefully somebody witha similar situation can help you.

 

Good luck

[Nouchigang 200]

https://www.visajourney.com/forums/topic/663316-ead-expedite-timeline-after-fax-request/

[justmarriedusciti 7]

On 9/27/2019 at 8:21 PM, Nouchigang said:

1. 5-6 months but you can try to expedite using your new job offer. Search and read  the post on VJ "expedite request  after fax " it has all the info on how to do it step by step and experiences from other. Please beware its a hit or miss so be ready for all possible outcomes

And yes you are free to work wherever you want once you get it

2. 5-6 months too, you can check processing times on USCIS website all EAD/AP are processed at the National Benefits Center (NBC)

3. If you dont receive the new EAD by the time your H1B then there is nothing you can do, you cannot work until you get the new EAD 

PS: You have to wait to get your fingerprints done before initiating the expedite request.

I am not sure if you still have to get them done since you already have a H1B. Hopefully somebody witha similar situation can help you.

 

Good luck

Good to know that EAD expedite requesting is a thing! 

What could constitute as severe financial loss? I think in my case the worst that could happen is that if I don't have the job, and the H1B is expired, my USC wife would suffer since she doesn't have a job herself. Do they accept such a situation as a severe financial loss?

[Nouchigang 200]

20 hours ago, justmarriedusciti said:

Good to know that EAD expedite requesting is a thing! 

What could constitute as severe financial loss? I think in my case the worst that could happen is that if I don't have the job, and the H1B is expired, my USC wife would suffer since she doesn't have a job herself. Do they accept such a situation as a severe financial loss?

The fact that you are the only person working in the household should be a great reason for an expedite  for severe financial loss especially since your wife doesnt work.

You will have to write a solid cover letter explaining your situation,  also give lots of proof and explain that you are the breadwinner and show bills etc 

If your employer can back you up too by writing a letter stating they need you that will be great.

Take the time to read the post I put earlier. It is long but has lots of valuable info