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Is a person's stay in US legal if his
1. H1 expires AND
2. I-140 is applied, receipt No. received and is pending approval AND
2. EAD is not received yet (implying I-485 is applied and is pending approval).
Here are more details of the situation.
1. I am in my 6th year of H1 stay with H1 expiring on Oct 23 2007.
2. Labor approved (but it is a substitution labor)
3. I-140 filed in April 2007 and receipt no. is received.
4. I-485 filed in August 2007. EAD applied along with it. Receipt No. not received yet.
My lawyer says that, I can legally stay in US after October 23 even if I do not get an EAD by then AND even if my I-140 is not approved. Is it correct? He says I have to be off employer's payroll but I can continue to live in US.
The only options that appear in front of me are:
1. Have I-140 approved before Oct 23, so that I can apply for H1 extension.
2. Have EAD so that I can shift to working on EAD.
Are there any other options available? Any guidance that can be provided is great.
Thanks
1. H1 expires AND
2. I-140 is applied, receipt No. received and is pending approval AND
2. EAD is not received yet (implying I-485 is applied and is pending approval).
Here are more details of the situation.
1. I am in my 6th year of H1 stay with H1 expiring on Oct 23 2007.
2. Labor approved (but it is a substitution labor)
3. I-140 filed in April 2007 and receipt no. is received.
4. I-485 filed in August 2007. EAD applied along with it. Receipt No. not received yet.
My lawyer says that, I can legally stay in US after October 23 even if I do not get an EAD by then AND even if my I-140 is not approved. Is it correct? He says I have to be off employer's payroll but I can continue to live in US.
The only options that appear in front of me are:
1. Have I-140 approved before Oct 23, so that I can apply for H1 extension.
2. Have EAD so that I can shift to working on EAD.
Are there any other options available? Any guidance that can be provided is great.
Thanks
