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Expired H1B, Waiting for EAD

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  • Expired H1B, Waiting for EAD

    I am the USC petitioner for my Peruvian husband. We have our marriage-based green card interview scheduled for 6/20, but his H1B visa expires on June 15th and we are still waiting on his EAD. We were hoping our interview would happen before the H1B expiration so that we could try and at least get an I-551 stamp in his passport to avoid him taking a leave of absence/losing his job, but it looks like that might not happen.

    In your experience, would he be able to take a leave of absence or will he be terminated from his position? He currently manages a distribution center with a team of ~20 employees. He's nervous about talking to his employer about his options in case they will have to terminate him and re-hire him (big hassle for HR) or just terminate him if we can't get the I-551 and it takes too long for the EAD to arrive.

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