Legal Question in Immigration Law in Virginia

Applying EAD while H1 extension approval is pending

I have an approved I-140 and a receipt for my I-485 application. My 6 years on H1 are over and my employer has filed for an extension. I have a receipt for the H1 extension but do not have the approval yet. Can I file for EAD and AP with the documents that I have currently and before the H1 approval comes through ?


Asked on 3/23/09, 10:03 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Applying EAD while H1 extension approval is pending

Yes, you should be able to apply for the EAD and AP

as long as the paperwork for your two year H1-B visa extension has been properly filed by your employer and a decision is pending from USCIS.

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Answered on 3/24/09, 12:04 am


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