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H1 expired, valid EAD and i485 process ON

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  • H1 expired, valid EAD and i485 process ON

    I have an expired H1 visa but valid EAD card for one year until September 2018. My lawyer initially suggested for H1 renewal but later mentioned below:

    I am afraid that USCIS is now implementing a new procedure and are no longer allowing people to extend both their H-1B status and AP/EAD cards.

    Given this new USCIS procedure, since your AP/EAD cards were just received we will maintain your ability to work and travel internationally by maintain the validity of your AP/EAD card. We will plan to file to extend the Advance Parole for your children and the AP/EAD cards for you and your wife on May 11, 2018, the earliest possible date to file the AP/EAD applications. According to the new regulations that were implemented on January 17, 2017 when the 90 day processing requirement was rescinded, as I-485 applicants, your EADs are automatically extended for 180 days while you wait for your AP/EAD cards to be renewed. However the 180 day automatic extension does not include the Advance Parole travel authorization. You and your wife will be able to continue working, but will not be able to reenter the U.S. after international travel on or after 9/11/2018 until your new AP/EAD cards are received.

    Any suggestions if this is valid?

  • #2
    That makes no sense. You should be able to extend your H-1b status if you haven't fallen out of status.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Is this a true statement? Again coming from lawyers.

      we will not extend you and your family’s H-1B/H-4 status because USCIS will NOT extend your AP/EAD Cards if you are have valid H-1B/H-4 status

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      • #4
        Originally posted by hasitruparel View Post
        Is this a true statement? Again coming from lawyers.

        we will not extend you and your family’s H-1B/H-4 status because USCIS will NOT extend your AP/EAD Cards if you are have valid H-1B/H-4 status
        That doesn't make any sense. The two are unrelated.

        This is my personal opinion and is not to be construed as legal advice.

        Comment

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